Ex Parte MCMILLAN et al - Page 3



          Appeal No. 2004-0935                                                        
          Application No. 09/189,559                                                  

          35 U.S.C. § 103(a) as being unpatentable over Stupek in view of             
          Burns.                                                                      
               Claims 2 through 4, 19 through 21, 44 and 55 stand rejected            
          under 35 U.S.C. § 103(a) as being unpatentable over Stupek in               
          view of Burns and Shipley.                                                  
               Claims 56 and 57 stand rejected under 35 U.S.C. § 103(a) as            
          being unpatentable over Stupek in view of Burns and Gross.                  
               Claims 9 through 13, 26 through 30, 53 and 54 stand rejected           
          under 35 U.S.C. § 103(a) as being unpatentable over Stupek in               
          view of Burns and Choye.                                                    
               Reference is made to the brief (paper number 28) and the               
          answer (paper number 29) for the respective positions of the                
          appellants and the examiner.                                                
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will reverse the obviousness rejections of claims 1                  
          through 65.                                                                 
               Appellants argue (brief, page 5) that “even if the                     
          combination were made, the result would not read on this group of           
          claims.”                                                                    
               We agree.  Stupek discloses upgrading an earlier version of            
          a computer resource with a later version of the computer resource           
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