Appeal No. 1999-2343
Application 08/881,741
We refer to the final rejection (Paper No. 4) (pages
referred to as "FR__"), the advisory action (Paper No. 7), and
the examiner's answer (Paper No. 10) (pages referred to as
"EA__") for a complete statement of the Examiner's position, and
to the brief (Paper No. 9) (pages referred to as "Br__") for a
statement of Appellant's arguments thereagainst.
OPINION
The Examiner states that "Appellant's brief includes a
statement that claims 2-7, 10-18 do not stand or fall together
and provides reasons as set forth in 37 CFR 1.192(c)(7) and
(c)(8)" (EA2). However, Appellant clearly states that the claims
stand or fall together (Br4) and does not argue the claims
separately. The claims stand or fall together with claim 15.
The limitation at issue is the following: "PCMCIA
executable modules are stored on a host disk associated with said
personal computer host and are downloaded to said PCMCIA card at
run time so that modules may be easily modified at any time."
The Examiner finds that "Kuroda teaches downloading
executables downloaded from memory and reading and writing
between host memory and PC card memory (abstract, col. 1,
lines 45-62)" (advisory action).
Appellant argue that an "executable" is a program capable of
being executed or run on a computer (Br5). It is argued that
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