Ex Parte Van Cleve et al - Page 7

                Appeal 2007-1604                                                                             
                Application 09/966,064                                                                       
                                                                                                            
                      Although Alcorn is silent regarding providing drivers for multiple                     
                different operating systems, Nakagiri teaches storing printer drivers for                    
                multiple different operating systems in the same ROM (Nakagiri, col. 5, ll.                  
                15-26; Fig. 2).                                                                              
                      The issue before us, then, is whether the skilled artisan would have                   
                stored drivers for multiple different operating systems in Alcorn’s ROM in                   
                view of the teachings of Nakagiri.  We answer this question in the                           
                affirmative.                                                                                 
                      Based on the record before us, we find that the skilled artisan would                  
                have had ample reason to store drivers for multiple different operating                      
                systems in Alcorn’s ROM essentially for the reasons stated by the Examiner.                  
                Appellants’ argument that coupling Alcorn’s casino game to an external                       
                peripheral device that transfers drivers to the system such as that suggested                
                by Nakagiri “would seem to be a security risk” since such a transfer “could                  
                bypass the security features of the casino game”3 is merely speculative.                     
                Appellants have offered absolutely no evidence on this record to support this                
                assertion.  In any event, this argument is simply not germane to the reason                  
                why the Examiner cited the Nakagiri reference.                                               
                      The Examiner relied on Nakagiri merely to show that it is well known                   
                to store drivers for multiple operating systems in a single ROM device -- not                
                for transferring drivers to Alcorn’s system via an external device.4  Based on               
                Nakagiri’s fundamental teaching, we find the reference strongly suggests                     
                storing drivers for multiple operating systems in the ROM device of Alcorn                   
                -- a ROM device which likewise stores drivers.                                               
                                                                                                            
                3 See Br. 15 (emphasis added).                                                               
                4 See Answer 4, 6, and 7.                                                                    

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