Ex Parte Knopf - Page 5



                 Appeal No. 2004-0545                                                                                    
                 Application No. 09/510,569                                                                              

                 computer loads from a remote server, a portion of the BIOS.  The portion of the                         
                 BIOS downloaded from the server to the computer is the POST code.  See                                  
                 column 18, lines 10-25.  Rakavy also teaches that the POST code is used to                              
                 “initialize the standard system components” including video hardware. See                               
                 column 2, lines 12 through 16.  We consider those portions of the POST code as                          
                 meeting the claimed dynamic links.  We consider the act of transmitting the post                        
                 code from the server to the computer as meeting the claimed step of modifying                           
                 hardware configuration data.  Further, we find that since the loader program is                         
                 running on the server and the POST data is downloaded from the server, the                              
                 data must necessarily be stored on the server.  Accordingly, we find that Rakavy                        
                 teaches the claimed step of storing a hardware setup program and the step of                            
                 modifying hardware configuration data.                                                                  
                        Appellants argue on page 6 of the brief that:                                                    
                        After the hardware setup operation has been completed, the data                                  
                        processing system is physically de-coupled to the server data processing                         
                        system.  Hence, Claim 1 (and similarly claims 5 and 17) recites a step of                        
                        “de-coupling said data processing system from said server data                                   
                        processing system after a completion of said hardware setup operation “                          
                        (lines 13-14).  Even though the word “physically” was not explicitly recited                     
                        in Claims 1, 7, and 17, the data processing system cannot be coupled to                          
                        the server data processing system via any software means without first                           
                        being physically coupled to the server data processing system; hence the                         
                        word “physically” is implied.  (emphasis original)                                               
                        Further on page 3 of the reply brief, appellants argue:                                          
                        The term “coupling” generally means being joined together, and the term                          
                        “de-coupling” generally means being separated apart.  In the context of                          
                        claim 1, the recited step of “de-coupling said data processing system from                       
                        said server data processing system” means that the data processing                               
                        system is being separated apart from the server data processing system.                          

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