Appeal No. 2003-0766
Application No. 09/266,325
operating system selected by the user as the default operating
system. Accordingly, the 35 U.S.C. § 102 rejections of claims 1,
5, 9, 16 and 20 over Niwa cannot be sustained.
Turning to the 35 U.S.C. § 103 rejections of the claims, the
Examiner, further relies on Shoji for restarting by the user, on
Lister for uninstall/reinstall of the program, on Nguyen for
partitioning of the hard drive and on Dean for selection
mechanism. Additionally, Dougherty is relied on for teaching the
selection of boot icon while Stein discloses display regions for
user interactive controls. We further note that claim 17, the
only other independent claim, also recites that the selected
operating system is loaded upon subsequent computer start up. By
relying on these references, the Examiner has not provided any
additional evidence to overcome the deficiencies of Niwa as
discussed above with respect to the rejection of claims 1, 5, 9,
16 and 20, and therefore, has failed to establish a prima facie
case of obviousness. Accordingly, we do not sustain the 35
U.S.C. § 103 rejections of any of claims 3, 4, 6-8, 11-15 and 17-
19 over Niwa in various combinations with Shoji, Lister, Nguyen,
Dean, Dougherty and Stein.
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