Appeal No. 2006-0998
Application No. 10/076,729
Claims 1-18, 20-29, 31-35 and 39-43 stand rejected under
35 U.S.C. § 102(e) as being anticipated by Davis.
Claims 19, 30 and 36-38 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Davis.
Rather than reiterate the opposing arguments, reference is
made to the briefs and answer for the respective positions of
Appellants and the Examiner. Only those arguments actually made
by Appellants have been considered in this decision. Arguments
which Appellants could have made but chose not to make in the
briefs have not been considered (37 CFR § 41.37(c)(1)(vii)).
OPINION
The main point of contention is based on whether the claimed
managing configuration of the operating system of the network
client reads on the automatic software installation of Davis.
The Examiner refers to various portions of Davis which relate to
installing software upon performing user validation after the
user attempts to logon to the server (answer, page 5). To
support this position, the Examiner relies on Figure 5A and other
portions of Davis disclosure in columns 2, 5, 6, and 11 (id.).
Appellants argue that although Davis discloses
configuration of a network client, it is not in the context of
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