Appeal No. 2002-1832
Application No. 09/318,980 Page 12
transferring a repair program from the host computer to the
user's computer, with the repair program being based on or
according to the system information sent previously from the
user's computer to the host computer, as required by each of
independent claims 3 and 4.
We note at the outset that the examiner's assertion
regarding a lack of undue experimentation as a basis for
combining the teachings of Emerson and Bizzarri is misplaced as
"undue experimentation" applies to the issue of enablement and
not to obviousness. Secondly, we do not agree with the examiner
that combining the teachings of Emerson and Bizzarri would result
in the repair of any error in the computer system, but rather
would result in repair of errors relating to failure to boot-up
upon turning on the computer.
In addition, we do not agree with appellant that the phrase
"system information" should be construed to include language from
the specification not found in the claim. As drafted in claims 3
and 4, any information sent by a computer to the host computer or
network administrator's computer 14 in Emerson, can be considered
to be system information. We decline to read into claims
information not found therein. Further, we do not agree with
appellant that Emerson does not teach repairing anything.
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