Ex Parte Roberts et al - Page 5

                Appeal 2007-1881                                                                                
                Application 10/092,259                                                                          

                accommodate the software, and reporting the user that additional memory is                      
                needed.                                                                                         
                       We have reviewed Mitchelmore, paying particular attention to the                         
                paragraphs cited by the Examiner, and the only teaching we found regarding                      
                memory appears in paragraph [0190].  Specifically, Mitchelmore discloses                        
                that the user may add components to provide personal configuration                              
                management which may enable the user to swap applications in and out of                         
                the handheld device to release limited storage resources.  Although this                        
                paragraph suggests managing the memory of the handheld device, it falls                         
                short of teaching querying how much memory is available and reporting to                        
                the user that additional memory is needed.  Also, we find no teaching of                        
                querying whether the operating system can accommodate the software.                             
                Therefore, we cannot sustain the anticipation rejection of claim 19.                            
                                                   ORDER                                                        
                       The decision of the Examiner rejecting claims 1 through 19 under                         
                35 U.S.C. § 102(e) is reversed.                                                                 
                                                 REVERSED                                                       





                rwk                                                                                             


                DICKSTEIN SHAPIRO L.L.P.                                                                        
                1825 EYE STREET, NW                                                                             
                Washington, DC 20006-5403                                                                       

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