Ex Parte Lewis et al - Page 4

                 Appeal 2006-2621                                                                                   
                 Application 09/993,320                                                                             
                 establish a prima facie case of anticipation.  In particular, the Examiner                         
                 contends that Ha discloses the selective downloading of a requested                                
                 firmware upgrade from a management system to a communication device                                
                 “without an administrator based on the device ID” as claimed.  With respect                        
                 to the remainder of the appealed claims, the Examiner asserts that the                             
                 teachings of Ha alone or in various combinations with the cited secondary                          
                 references establishes a prima facie case of obviousness.                                          
                       We affirm.                                                                                   

                                                          ISSUES                                                    
                       (1) Under 35 U.S.C § 102(e), with respect to appealed claims 27-29,                          
                           32, 75-77, 79, and 80, does Ha have a disclosure which anticipates                       
                           the claimed invention?  Specifically, does Ha disclose the selective                     
                           downloading of a requested firmware upgrade from a management                            
                           system to a communication device without administrator                                   
                           involvement?                                                                             
                       (2) Under 35 U.S.C § 103(a), with respect to appealed claims 1-26,                           
                           30, 31, 33-40, 69-74, 78, and 81, has the Examiner established a                         
                           prima facie case of obviousness based on Ha, taken alone, or in                          
                           various combinations with the secondary references?                                      
                                                                                                                   
                                                   FINDINGS OF FACT                                                 
                       Appellants have invented a method and apparatus for selectively                              
                 downloading from a management device firmware needed by a                                          
                 communication device.  The communication device ID is sent to the                                  
                 management device which selects the appropriate firmware for the particular                        

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