Ex Parte Brown et al - Page 7

             Appeal 2007-0728                                                                                   
             Application 09/954,796                                                                             

        1                          FACTS PERTINENT TO THE ISSUES                                                
        2        The following Findings of Fact (FF), supported by a preponderance of                           
        3    substantial evidence, are pertinent to the above issues.                                           
        4 01. Parthesarathy describes one of its claimed inventions as4                                                                                                      
        5          A method for updating software, comprising the steps of:                                     
        6          installing software on a local computer;                                                     
        7          creating a shortcut link for launching the installed software, wherein                       
        8          said installed software is identified in the shortcut link by version                        
        9          data;                                                                                        
        10         subscribing to a software update channel;                                                    
        11         detecting through said software update channel that a new software                           
        12         update is available on a remote computer;                                                    
        13         recording data relating to said new software update on said local                            
        14         computer, wherein said data comprises new version data;                                      
        15         comparing said version data stored in said shortcut link with version                        
        16         data from said new software update when said installed software is                           
        17         launched using said shortcut link; and                                                       
        18         updating said installed software when said new version data is more                          
        19         current than said version data stored in said shortcut link                                  
        20         … further comprising:                                                                        
        21         notifying a user that the new software update is available; and                              
        22         querying the user to determine whether the user desires to load the                          
        23         new software update, wherein said updating of the installed software                         
        24         is performed when, in response to the querying step, the user indicates                      
        25         a desire to load the new software update.                                                    
        26         (Parthesarathy, Claim 10, rewritten as it would appear in independent                        
        27         form).                                                                                       
        28   02. A need is something required or wanted3.                                                       
                                                                                                               
             3 American Heritage Dictionary (4th ed. 2000).                                                     
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