Ex Parte PATEL et al - Page 7



          Appeal No. 2003-0357                                                        
          Application 09/123,307                                                      

          the specific rationale set forth by the examiner for combining              
          the teachings of Engstrom and Basic PC 97 is nothing more than an           
          opinion by the examiner and is not supported by the applied prior           
          art [brief, pages 7-22].                                                    
          The examiner responds that Basic PC 97 does have a clean                    
          mode and a verbose mode.  The examiner also responds that                   
          Engstrom teaches two video buffers in which one buffer would                
          store the clean mode and the second buffer would store the                  
          verbose mode.  The examiner repeats his position that it would              
          have been obvious to the artisan to run the system startup of               
          Basic PC 97 in Engstrom’s computer system because such                      
          implementation would provide selectable display modes capable of            
          conveniently and effectively presenting display images, which               
          provide to the user the enhanced functionality of the computer              
          system [answer, pages 3-8].                                                 
          Appellants respond that the teachings of Basic PC 97 are                    
          too vague to suggest to one skilled in the art to use first and             
          second video buffers in the manner recited in the independent               
          claims.  Appellants assert that there is no suggestion to use               
          double buffers for low level startup programs as claimed.                   
          Appellants reiterate that Engstrom teaches away from using double           
          buffering techniques as claimed.  Finally, appellants reiterate             
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