Appeal No. 2003-0766
Application No. 09/266,325
Claim 19 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Niwa, Dean and Dougherty.
We make reference to the answer (Paper No. 14, mailed
September 11, 2002) for the Examiner’s reasoning, and to the
appeal brief (Paper No. 13, filed August 15, 2002) and the reply
brief (Paper No. 15, filed November 19, 2002) for Appellants’
arguments thereagainst.
OPINION
With respect to the 35 U.S.C. § 102 rejection of claims 1,
5, 9, 16 and 20, Appellants point out that Niwa does not describe
using the selected operating system by default for subsequent
sessions (brief, page 5). Appellants further assert that once
the user selects an operating system during the start up, the
operating system is automatically placed at the top of the list
of the operating systems and is retained only during that
operating session (brief, page 5; reply brief, page 2).
Additionally, Appellants argue that Niwa’s default operating
system is always the same and is only changed when a user selects
an operating system during the boot operation (reply brief, page
2).
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