Ex Parte WILLMAN et al - Page 11



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

               if the user did not hit the breakin key then in step                       
               (717) the method ChooseControlSet determines whether                       
               the LastKnownGood environment variable is set equal to                     
               the value True.  If the LastKnownGood environment                          
               variable is set equal to the value False, then                             
               processing continues . . . .                                               
          (Emphasis added).                                                               
               Upon careful review of Bertram, we find that the user “must”               
          reboot the system in order to correct the failed startup.                       
          Specifically, we find that Bertram teaches that a user can reset                
          the computing system to a default configuration,                                
               if he [the user] has written a bad DOS start up file or                    
               has deleted the partition on his hard disk and doesn’t                     
               have a bootable diskette, he can recover and still be                      
               able to use the computing system.  The technique calls                     
               for the initializing routine to check manually operated                    
               indicia for a user initiated condition during the power                    
               up sequence.  This condition can be the holding down of                    
               the mouse button or holding a specified key or set of                      
               keys . . . when the power switch is thrown.  During                        
               power up, the initializing routine immediately checks                      
               for the state of the manually operated indicia . . .                       
               [and if] it is in the designated state . . . the                           
               initializing routine then resets the bits in the                           
               customizing word in RAM which defines the system start                     
               up options.  By resetting the options to their default                     
               state, the machine is thereby returned to a known                          
               state.                                                                     
          (Emphasis added).  See column 7 line 60 through column 8 line 32                
          of Bertram.  Though we note our finding supports the Examiner’s                 
          position that the Bertram reference is not automated, we fail to                
          find that Bertram suggests the retrieval of a second set of                     
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