Appeal No. 2002-1319 Page 14
Application No. 08/974,971
indicating the size of the boot code section is modified.
Because DeRoo discloses that the memory address bus FA[0:17] is
compared with a predetermined address range forming the protected
boot block (col. 87, lines 34-37), we find that the size of the
boot code section is stored by DeRoo. In addition, because DeRoo
discloses (col. 87, lines 37-40) that the boot block size bit may
be specified in a configuration register, we additionally find
that the size of the boot code section is stored.
Nor are we persuaded by appellant's assertion (brief, page
7) that “[t]he Examiner contends that DeRoo nevertheless
anticipates the claimed invention if the Examiner includes the
mechanism used by DeRoo to modify the contents of the HUICFG_1
register to read on the claimed ‘control unit.’ However, the
DeRoo mechanism cannot be construed to read upon the claimed
control unit since the DeRoo mechanism is not part of the memory
device . . . ” because HUI 700 acts as front-end to the common
memory device 704 (col. 87, lines 22-24).
We find the examiner's assertion (answer, page 6) that "the
person or machine that would have been necessary to modify the
content of the HUICFG_1 register would have met the limitation of
the claim when the said person or machine is considered part of
the claimed 'control unit'" to be misstated, and consider the
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