Ex Parte MCLAREN et al - Page 3




          Appeal No. 2001-1206                                                        
          Application No. 08/588,942                                                  


          either said volatile memory or said nonvolatile mass storage                
          device;                                                                     
               loading at least a portion of said second operating system             
          into said volatile memory in response to said storage of said               
          state of said first operating system; and                                   
               thereafter, executing said program under said second                   
          operating system, wherein executing said program under said                 
          second operating system comprises executing said program from a             
          shell that constrains said second operating system such that                
          another program cannot be invoked under said second operating               
          system until after control is returned to said first operating              
          system.                                                                     

               The examiner relies on the following references:                       
          Moore et al. (Moore)         5,696,975       Dec. 9, 1997                   
                         (filed Nov. 26, 1996)                                        
          Crump et al. (Crump)         5,715,464       Feb. 3, 1998                   
                         (filed Jun. 7, 1995)                                         
          Cutler et al. “SCO UNIX in a Nutshell,” A Desktop Quick Reference           
          for SCO UNIX & Open Desktop, O’Reilly & Associate, pp. 69, 139,             
          144-145.                                                                    

               Claims 1-10, 12-23, 25-36 and 38-45 stand rejected under               
          35 U.S.C. 103.  As evidence of obviousness, the examiner cites              
          Crump in view of Cutler with regard to claims 1-10, 12-23, 25-36,           
          38 and 39, adding Moore to this combination with regard to claims           
          40-42.  It is not clear whether claims 43-45 are rejected because           
          they do not appear in any statement of rejection in the answer.             
          However, we presume they stand rejected under 35 U.S.C. 103                 
          because the examiner mentions them at page 7 of the answer in the           

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