Ex Parte MCMILLAN et al - Page 4


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

          (Abstract; column 1, lines 59 through 62).  Stupek performs                 
          several functions in connection with the upgrade (e.g.,                     
          determining the availability and the necessity of the upgrade)              
          (column 3, lines 53 through 58), but determining conflict                   
          information between the two resources is not one such function.             
          Burns discloses a search for conflicts in the order of read and             
          write commands in a delta file (i.e., modifications between two             
          versions of the same file) (Figure 6; column 3, lines 16 through            
          21; column 8, lines 40 through 61).  Burns solves the conflict by           
          rearranging the order of the read and write commands (Figure 6;             
          column 8, line 62 through column 9, line 8).  The conflict                  
          information is not stored in Burns.                                         
               Based upon the foregoing, the obviousness rejection of                 
          claims 1, 5 through 8, 14 through 18, 22 through 25, 31 through             
          43, 45 through 52 and 58 through 65 is reversed because neither             
          Stupek nor Burns teaches or would have suggested to one of                  
          ordinary skill in the art to store conflict information in a                
          database, and then to use the stored conflict information to                
          resolve the software conflict.                                              
               The obviousness rejections of claims 2 through 4, 9 through            
          13, 19 through 21, 26 through 30, 44 and 53 through 57 are                  
          reversed because the teachings of Shipley, Gross and Choye fail             


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