Appeal No. 2003-0766
Application No. 09/266,325
In response to Appellants’ arguments, the Examiner argues
that Niwa uses the selected operating system by default for the
subsequent session (answer, page 10). The Examiner further
asserts that Niwa selects the operating system possessed by the
first electronic device as the default operating system and
therefore, in a subsequent session, the default operating system
is determined by the operating system of that device (answer,
page 11).
A rejection for anticipation under section 102 requires that
the four corners of a single prior art document describe every
element of the claimed invention, either expressly or inherently,
such that a person of ordinary skill in the art could practice
the invention without undue experimentation. See Atlas Powder
Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947
(Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d
1671, 1673 (Fed. Cir. 1994).
After reviewing Niwa, we agree with Appellants’ assertion
(brief, page 6; reply brief, page 3) that Niwa’s selection of the
default operating system is not based on the user selection via
an interactive menu, but by the operating system that resides on
the first electronic device. Niwa relates to operating system
optimization in expanded systems wherein a notebook is connected
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