Ex parte NELSON et al. - Page 1





                   The opinion in support of the decision being entered today was not written for publication                     
                                           and is not binding precedent of the Board                                              
                                                                 Paper No.  27                                                    
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                         ____________                                                             
                                       BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                   AND INTERFERENCES                                                              
                                                        _____________                                                             
                               Ex parte  CRAIG A. NELSON, HARINARAYANA ARIMILLI,                                                  
                                                 and RICHARD D. JOHNSON                                                           
                                                        _____________                                                             
                                                     Appeal No. 1999-0353                                                         
                                                  Application No. 08/368,291                                                      
                                                        _____________                                                             
                                                  HEARD: December 4, 2000                                                         
                                                        _____________                                                             
                   Before    KRASS,  JERRY SMITH, and  LALL, Administrative Patent Judges.                                        
                                                                                                                                 
                   KRASS,  Administrative Patent Judge.                                                                           


                                                   DECISION ON APPEAL                                                             
                          This is a decision on appeal from the final rejection of claims 6-9.  The examiner                      
                   has withdrawn rejections against claims 1-5 and those claims have now been indicated as                        
                   allowable.                                                                                                     
                          The invention is directed to a modem with a firmware upgrade feature.  More                             
                   particularly, a remote source initiates and conducts software modifications relative to a                      
                   modem but the software is not overwritten until the entire change or upgrade code is                           
                   received without loss or error.  This ensures that the upgrade in the modem will be made                       








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