Appeal No. 1999-2255
Application No. 08/885,393
that Cole describes, at column 3, lines 45-55, the BIOS containing instruction codes for
booting the system. The examiner further refers to material in the figures and Abstract
of Cole.
Claim 1 recites “a startup program which is configured to run when the local
computer is started up.” The “startup program” is further configured to interrogate the
identifier program and run the updater program if the current computer program does
not correspond to the latest computer program.
We agree with appellants that Cole fails to disclose a “startup program” as
required by instant claim 1. As described by Cole (col. 3, ll. 7-55), a user at client
computer 14 (Fig. 2) selects an icon to invoke update manager 32. First, the programs
residing on client computer 14 (e.g., scout 33) that are mainly responsible for updating
other programs on the computer are checked to determine if those programs
correspond to the latest versions. If not, the server sends FTP addressing information
for the latest versions, and the client downloads and installs the latest versions of those
programs on the client computer which serve for the general updating of the remainder
of the computer.
The system BIOS of the client computer is mentioned at column 3, lines 45
through 55 of the reference. However, the reference to the BIOS is within the context
of providing examples of the client computer’s basic system information which is sent to
the selection server 12, for determining which code updates are consistent with that
particular client computer (col. 3, l. 56 - col. 4, l. 1).
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