Ex Parte Guillen - Page 6



         Appeal No. 2006-3284                                                       
         Application No. 10/061,871                                                 
         profile images stored in a ROM.  Particularly, at pages 11 and 13          
         of the Appeal Brief, Appellant states the following:                       
                        [T]he Appellant believes that the Examiner is               
                   misconstruing the sections of the Kamper reference that          
                   mention configuring a “plurality of servers” as somehow          
                   necessarily disclosing the storage of a “plurality of            
                   server configuration profile images,” as recited in              
                   independent claim 1.  This innovation, however, is               
                   clearly not present in the Kamper reference.                     
                        … On the contrary, the Appellant respectfully               
                   asserts that the sections of the Kamper reference                
                   relied upon by the Examiner merely disclose a removable          
                   storage device that stores a single profile image that           
                   may then be used to configure a plurality of different           
                   servers. See Kamper, col. 5, lines 20-26.  In other              
                   words, a user could employ the smart card 320 of the             
                   Kamper reference to configure multiple servers, but              
                   each of these multiple servers would be configured               
                   identically, because there is only one set of                    
                   configuration data on the smart card 320.                        

              Further, at page 4 of the Reply Brief, referring to column            
         6, lines 35 through 42 of the Kamper reference, Appellant states           
         the following:                                                             
                        This text actually teaches a process for searching          
                   devices coupled to the server to locate a configuration          
                   profile- not identifying a particular profile based on           
                   what devices are coupled to the server.                          
              To determine whether claim 1 is anticipated, we must first            
         determine the scope of the claim.  We note that representative             
         claim 1 reads in part as follows:                                          
                        [C]ode containing a plurality of server                     
                   configuration profile images.                                    
                                         6                                          



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