Ex Parte Poppenga et al - Page 2

                Appeal 2007-1102                                                                             
                Application 10/006,692                                                                       
                                                                                                            
                                      STATEMENT OF THE CASE                                                  
                      Appellants invented a system and method for facilitating device driver                 
                installation in a customer environment.  Specifically, information about a                   
                device for which a driver is to be installed on a computer is automatically                  
                accessed.  Then, a driver is automatically selected, installed, and configured               
                on the computer.2  Claims 14 and 15 are illustrative:                                        
                      14.  A method for facilitating device driver installation, comprising:                 
                      assigning a discrete identification number to each of a plurality of                   
                devices installed in a customer environment;                                                 
                      associating information for configuring a driver for each of the                       
                devices installed in the customer environment with the identification number                 
                for the device; and                                                                          
                      storing the identification numbers and associated configuration                        
                information together at a location remote from the customer environment                      
                and accessible to the customer environment.                                                  
                      15.  The method of Claim 14, further comprising associating the                        
                identification numbers with the customer.                                                    

                                                                                                            
                claims 15-18 and 20-23 are before us.  Appellants’ argument on Page 3 of                     
                the Brief contending that the Examiner should have entered a proposed                        
                amendment after final rejection is a petitionable matter under 37 CFR 1.181                  
                – not an appealable matter.  See MPEP § 1002.02(c) (noting that petitions                    
                involving examiners’ refusals to enter amendments are decided by                             
                Technology Center Directors).  Because we do not have jurisdiction over                      
                this matter, it is therefore not before us.  See MPEP § 706.01 (“[T]he Board                 
                will not hear or decide issues pertaining to objections and formal matters                   
                which are not properly before the Board.”); see also MPEP § 1201 (“The                       
                Board will not ordinarily hear a question that should be decided by the                      
                Director on petition….”).                                                                    
                2 See generally Specification 3:20-30.                                                       

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