Appeal No. 1999-0080
Application No. 08/558,929
initialized (block 71). Next, the device driver searches for an
unused device driver name among all other device drivers which
have been loaded (block 72). In the third step, the protocol
manager is opened to obtain a pointer to a configuration memory
image, if such configuration memory exists (block 73). Next, the
configuration memory image is parsed to identify key words and
parameters that inform the device driver of the host architecture
(block 74).
In step 5, the expansion slots of the host computer are scanned
for an adapter which will be controlled by this device driver. Once
found, the adapter's configuration information is read (block 75).
In step 6, the variables which could not be initialized at compile
time are now initialized and code is executed which determines
the device driver's host environment (block 76).
In step 7, the code blocks are selected and relocated, possibly by
overwriting code blocks which are not needed. The data
structures which were initialized at compile time and in step 6
(block 76) are used to guide the relocation process. The host
environment which was determined in steps 4 (block 74) and 6
(block 76) is also used to guide the selection and relocation
process (block 77). In step 8, the device drivers timer interrupt
service routine is registered so that it will be called during each
timer tick (block 78). In step 9, the device driver informs the
protocol manager that it has been initialized and is able to bind
with other modules in the system (block 79). Finally, the control
returns to the host operating system (block 80).
In our view, this is not “initialization code” (see Office action at page 3) as maintained by
the examiner. Appellants argue that the examiner’s position that a skilled artisan would
have been motivated to load separate files rather than bigger files, is in error and based
upon impermissible hindsight. (See brief at pages 4-5.) We agree with
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