Appeal No. 2003-0342
Application 09/040,919
software from a network server. Claim 1, however, requires that
the software which is downloaded from the network server be
accessed for the specific purpose of configuring a device to
function as a primary server which access the information on the
disk which was also downloaded from the network server. The
problem with the examiner’s rejection is that it fails to
consider the fact that the configuring software in Gustavson is
either already available at the local device or is placed on the
optical disk by the distributor. Thus, the examiner’s proffered
rationales of faster, cheaper and less damage are irrelevant
because the software to be downloaded is already available in
Gustavson without any download at all. It is also clear that
since Gustavson relates to a software distributor and not to a
network of users, there is no suggestion that the configuring
software be downloaded from a network server along with the
information at the network site.
In summary, the examiner has acknowledged that the
combined teachings of Gustavson and Griffin fail to teach the
step of copying both software and information from a network
server in which the software is used to configure a device as a
primary server. We have found that the examiner’s argument that
it would have been obvious to the artisan to download the
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