Ex Parte KOTTAPURATH et al - Page 3




              Appeal No. 1999-2255                                                                                        
              Application No. 08/885,393                                                                                  

                     The examiner relies on the following references:                                                     
              Ottman et al. (Ottman)                     5,142,680                    Aug. 25, 1992                       
              Cole et al. (Cole)                         5,752,042                    May  12, 1998                       
                                                                              (filed Jun.   7, 1996)                      
                     Claims 1-4, 6, 7, 9-11, 13-17, 19, 20, 22-24, 26, 27, and 29-31 stand rejected                       
              under 35 U.S.C. § 102 as being anticipated by Cole.1                                                        
                     Claims 5, 8, 12, 18, 21, 25, and 28 stand rejected under 35 U.S.C. § 103 as                          
              being unpatentable over Cole and Ottman.                                                                    
                     A rejection under 35 U.S.C. § 112 that was set forth in the Final Rejection has                      
              been withdrawn by the examiner.                                                                             
                     We refer to the Final Rejection (mailed Dec. 18, 1998) and the Examiner's                            
              Answer (mailed Mar. 15, 1999) for a statement of the examiner's position and to the                         
              Brief (filed Mar. 2, 1999) for appellants’ position with respect to the claims which stand                  
              rejected.                                                                                                   


                                                       OPINION                                                            
                     Appellants provide reasons in the Brief why the subject matter of independent                        
              claim 1 is believed to be not anticipated by the Cole reference.  Appellants argue that                     
              “Cole does not disclose any program other than an operating system which is run when                        
              the local computer is started up.”  (Brief at 6.)  The examiner responds (Answer at 3)                      

                     1 According to the Examiner’s Answer, claims 2, 3, 6, and 7 are both anticipated by Cole and         
              “objected to” but deemed allowable if rewritten in independent form.  We will assume that the claims stand  
              rejected.                                                                                                   
                                                           -3-                                                            





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