Ex Parte WILLMAN et al - Page 8



          Appeal No. 2000-1260                                                            
          Application 08/518,852                                                          

          unpatentable under 35 U.S.C. § 103 over Bertram and Garner.                     
          Then, on page 5 lines 1-5 of the Answer, the Examiner states that               
          claims 26 and 37 do not recite the device drivers claimed in                    
          claim 23 and therefore the rejection is the same as the rejection               
          for claim 23 (see page 2 lines 26-28 of the Answer) with the                    
          exception that the Archon reference is no longer relied upon.                   
               In specific reference to the subject matter of the rejection               
          of claim 26, the Examiner states that Bertram shows that upon a                 
          determination of an improper initialization with regards to a                   
          first set of configuration data, “retrieving a second set of                    
          configuration data, such that, when the second set of                           
          configuration data was previously used when configuring the                     
          computer system,” there was proper initialization based on the                  
          default configuration, column 8 lines 31-32.  See page 3 lines                  
          10-17 of the Answer.  The Examiner then states that “Garner et                  
          al. explicitly teaches performing initial configuration of the                  
          system without user input (col. 3 lines 3-12).”  See page 3 lines               
          21-23 of the Answer.  The Examiner further states that “Garner                  
          further teaches storing the last configuration so that any                      
          changes may be detected and the configuration may be updated                    
          (col. 2 lines 7-9).”  See page 4 lines 15-17 of the Answer.                     

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