Appeal No. 2003-0766
Application No. 09/266,325
to a desktop PC via a docking station (abstract). The operating
systems are displayed as a list of bootable operating systems and
selected by the user to be used during start up (col. 3, lines 5-
10). However, the displayed list of the operating systems is
presented such that the operating system of the first electronic
device attached to the PC is selected by default (col. 3, lines
11-17). Therefore, instead of the claimed setting the default
operating system based on user selection, Niwa provides for a
display of the operating systems such that the operating system
that the user has selected for a session starts up the computer
only during that session and the operating system of the first
electronic device, which is always set as the default operating
system, starts up the subsequent sessions when there is no user
selection.
As discussed above, what the Examiner characterizes in Kondo
as the default operating system (answer, page 11), is actually
the operating system of the first electronic device that is
always there and is not selected by a user. In fact, in the
subsequent start up, Niwa uses the preset default operating
system, not the one the user selected in the previous computer
session (col. 12, lines 1-7). Thus, Niwa does not anticipate
claim 1, nor the other independent claims which recite setting an
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