Appeal No. 1999-0353
Application No. 08/368,291
We agree with the examiner. To whatever extent appellants take the position that
Herh fails to teach that it is a remote “computer” which sends the upgraded program, it is
our view that the skilled artisan would clearly have gleaned from the disclosure of Herh
that the information downloaded over the telephone line comes from a remote
“computer.” Herh discloses, at column 3, lines 43-45, that the modem is connected to a
telephone line and to a DTE interface which is connected to a DTE “such as a computer
terminal.” The artisan would have understood that just as the DTE interface is connected
to a computer, so may be the telephone line. Moreover, it is clear, from column 4, lines
32-34 of Herh, that the upgraded instructions are “transmitted from a remote modem to
the present modem.” Since a modem is, broadly interpreted, a “computer,” since it may
have a microprocessor [see column 3, lines13-15 of Herh], it is our view that Herh
teaches that the upgrade instructions come from a remote “computer.”
With regard to checking validity of data before replacing existing operating code
in memory, Herh discloses checking the integrity of the download [see column 4, lines
22-23]. Appellants take the position that Herh does not check the integrity of the
download before replacing the existing operating code because “Herh teaches the
overwriting of code as it is received, thereby teaching away from Appellant’s storage
means” [reply brief-page 2]. While appellants’ statement may be accurate, as far as the
subject matter of instant claim 6 is concerned, Herh clearly receives an upgrade from a
remote location. If the integrity of the download is verified, the download process is
begun and the “complete new set of code to be stored in Emulation RAM 26 is
transmitted from a remote modem to the present modem 10” [column 4, lines 31-33]
wherein the new code replaces that which was previously stored in the Emulation RAM
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007