Appeal No. 2002-1319 Page 13
Application No. 08/974,971
hardware configuration register 1 shown in Table LXVIII, the boot
block will take up the top 8K of space in memory 704. Although
the size of the boot block space will be configured in hardware,
it is still set by the user. Whether this is the size of the
protected area to be changed on the manufacturing line as needed
for different applications, or whether it is a change in size of
the boot block after disabling of the preventing means which
protects the non-volatile memory, in either instance, the
language "wherein the control unit is further configured to vary
the size of the boot code section by modifying the information
indicating the size of the boot code section" as recited in claim
23," is met by DeRoo. Although DeRoo discloses (col. 100, lines
65-67) that the boot block size is defined by hardware, claim 23
does not recite that the control unit is configured by software
to vary the size of the boot code section.
We are not persuaded by appellant's assertion that “[t]hus,
DeRoo clearly does not disclose a control unit the is configured
to vary the size of the boot code section by modifying
information indicating the size of the boot code section” because
the information regarding the boot code size, whether it is from
the 1K boundary or whether it is a selected configuration that is
changed upon disabling of the prevention means, the information
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