Ex Parte WILLMAN et al - Page 15



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

               Having reviewed the Bertram and Garner references, we find                 
          no factual basis or motivation for suggesting their combination                 
          as suggested by the Examiner.  Further, we find no evidence to                  
          modify the Bertram reference, in light of Garner, to automate the               
          boot sequence as suggested by the Examiner.  Rather, we find, as                
          stated supra, that the Garner invention is concerned only with a                
          “post-boot-up” problem and fails to suggest any reason for                      
          addressing a “computer booting” problem as relates to Bertram and               
          Appellants’ claimed limitations.                                                
               Therefore, we will not sustain the Examiner’s rejection of                 
          claims 26 through 29 and 37 through 40.  Furthermore, we note                   
          that the Examiner relies on Bertram and Garner for the above                    
          discussed limitations in rejected claims 23 through 25 and 34                   
          through 36.  Therefore, we will not sustain the rejection of                    
          these claims.                                                                   









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