Ex Parte Almeida - Page 2


                 Appeal 2007-0984                                                                                         
                 Application 10/044,432                                                                                   
                         This appeal involves claims 1 through 24, all claims pending in the                              
                 application.  We have jurisdiction under 35 U.S.C. §§ 6(b) and 134(a).                                   
                         As best representative of the disclosed and claimed invention,                                   
                 representative independent claim 1 is reproduced below:                                                  
                         1. A computer program product comprising processor executable                                    
                 instructions for programming a non-volatile storage element in a data                                    
                 processing system, the instructions being stored on a computer readable                                  
                 medium, comprising:                                                                                      
                         computer code means for encrypting a digital signature using a first                             
                 encryption key;                                                                                          
                         computer code means for passing the encrypted signature to a kernel                              
                 routine;                                                                                                 
                         computer code means, responsive to successfully decrypting the                                   
                 encrypted signature using a second encryption key, for transitioning the data                            
                 processing system from a protected-mode to a real-mode; and                                              
                         real-mode computer code means for flash programming the non-                                     
                 volatile storage element.                                                                                
                         The following references are relied on by the Examiner:                                          
                 Hughes   US 5,968,174   Oct. 19, 1999                                                                    
                 Bright   US 6,141,756   Oct. 31, 2000                                                                    
                 Cuccia   US 6,151,676   Nov. 21, 2000                                                                    
                         Claims 1, 2, 4, 5, 9, 10, 12, 13, 17, 18, 20, and 21 stand rejected under                        
                 35 U.S.C. § 102(b) as being anticipated by Bright.  All remaining claims on                              
                 appeal stand rejected under 35 U.S.C. § 103.  As evidence of obviousness, as                             
                 to claims 3, 11, and 19, the Examiner relies upon Bright in view of Hughes                               
                 in a second stated rejection.  In a third stated rejection, the Examiner relies                          
                 upon Bright in view of Cuccia as to claims 6, 7, 14, 15, 22, and 23.  Lastly,                            

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