Appeal No. 2000-1755
Application No. 08/828,014
In response to the applicant's arguments for claims 1 and 12 that
Kishimoto fails to teach that " . . . operating system code being present on
the mass storage device at the time when the IPL request was issued
from the client system onto the network" [, note the following]. As
discussed above, this feature is inherent because an operating system is
essential to a computer system. A computer system (client) needs an
operating system to control allocations and usage of hardware resources
such as memory, central processing unit, peripheral devices etc.
In response to the applicant's argument for combining Kannan's teaching
to Kishimoto's system because Kannan's teaches dual operating systems
(Windows, OS/2 and Penpoint OS) in a computer system and allowed
user(s) to select an operating system as he/she desired [, note the
following]. Kannan's teaching is equivalent to the present invention,
whereas the present invention allows a user to select to run an operating
system either from a server or from the local hard file. Therefore, the
teaching of Kannan would have been obvious to a person of a [sic]
ordinary skill in the art at the time the invention was made to manifestly
employ the operating system of Kannan into Kishimoto's system because
the operating system of Kannan is designed to support the system to be
compatible with unexpected peripheral connection and disconnection
cycles during the operation (see col 2 lines 1-10 of Kannan).
The examiner maintains that the client must have a storage medium and the computer
system needs an operating system to process instructions. Therefore, the operating
system is already present in the system of Kishimoto and that this feature is "inherent"
because the operating system is essential to the computer system. We disagree with
the examiner’s conclusion. Kishimoto clearly indicated that the operating system is
transferred from the MPR to the CPRd. Kishimoto states at col. 2 that:
(1) The call processor CPRd issues an IPL request to the management
processor MPR.
(2) Upon receiving the IPL request, the management processor MPR
transfers an IPL data reception program (a boot program) to the call
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