Ex Parte WISOR - Page 17




          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,                







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