Appeal No. 2003-0342
Application 09/040,919
and software is copied directly from the network server as
claimed. The examiner takes “Official Notice” that copying
software from a server was well known in the art and cites
Griffin as supporting evidence. The examiner finds that it would
have been obvious to the artisan to incorporate the well known
software distribution technique to distribute software to a
device in a network and transfer the software to an optical disk
as is done in creating Gustavson’s WebCD. The examiner finds
that the proposed combination would be faster, cheaper and would
reduce damage [answer, pages 4-6].
Appellants argue that the examiner’s rationale for the
proposed combination of Gustavson and Griffin is inadequate.
Specifically, appellants argue that the examiner’s motivation
fails to explain how the WebCD program would have benefited from
distributing downloaded software in addition to web contents.
Appellants also argue that the combined teachings of Gustavson
and Griffin would still fail to teach the step of accessing the
software which was downloaded from the server for configuring the
Web-on-CD device accommodating the optical disk as a primary
server, and allowing the information which was also previously
downloaded from the server to be properly accessible.
Specifically, appellants argue that the setup files would not be
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