Ex parte BERG et al. - Page 6




                 Appeal No. 1999-1563                                                                                                                   
                 Application 08/509,619                                                                                                                 


                 card can be added to Lemon and that other pieces are provided                                                                          
                 by others, while there is no teaching regarding what aspects                                                                           
                 of the Lemon mechanism are specifically designed not to be                                                                             
                 changed.  In regard to column 16, lines 50-54, of Lemon,                                                                               
                 Appellants argue that this is a mere statement of goals,                                                                               
                 indicating that part of a boot framework should be provided to                                                                         
                 the customer and part of the boot framework should be capable                                                                          
                 of being extended, but there is no teaching that either of                                                                             
                 these parts are specifically designed not to be changed.  In                                                                           
                 regard to column 20, lines 15-29, of Lemon, Appellants argue                                                                           
                 that this section of the reference points out that                                                                                     
                 modification of extensible function may occur at two different                                                                         
                 times in the customization process, but that there is no                                                                               
                 mention of what functions are not changed.                                                                                             


                          Appellants then point  to the Examiner's reliance on11                                                                                      
                 certain explanatory remarks made by Appellants during                                                                                  
                 prosecution, taken in conjunction with column 4, lines 50-55                                                                           
                 of Lemon.  Appellants acknowledge their statement defining                                                                             


                          11Brief, page 7.                                                                                                              
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