Appeal No. 2002-1319 Page 17 Application No. 08/974,971 the examiner, that would teach or suggest using a predetermined sequence of write cycles to modify the size of the boot block code section. We find that although Oh and Boehmer disclose the interchange ability of using hardware and software for changing options in a reconfiguration register (Boehmer) or a delay compensation register (OH), that because DeRoo is directed to a hardware-based approach to prevent reconfiguring the memory with software, we agree with appellant (brief, page 11) that “DeRoo purposefully uses the hardware-based approach so that the memory cannot be reconfigured by software. Thus, DeRoo explicitly teaches away from the Examiner’s proposed modification. Modifying DeRoo to use a software-based approach would clearly undermine DeRoo’s express purpose of preventing software reconfiguration of the memory.” Accordingly, we find that the examiner has failed to establish a prima facie case of obviousness of claim 29. The rejection of claim 29 under 35 U.S.C. § 103(a) is therefore reversed. We turn next to the rejection of claims 42-48 under 35 U.S.C. § 103(a) as unpatentable over Maher in view of DeRoo, and further in view of Oh or Boehmer. We begin with claim 42. We reverse the rejection of claim 42 for the following reasons. Maher is relied upon to show the CPU, expansion bus adapter,Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 3, 2007