Ex Parte FRIEND - Page 13




         Appeal No. 2002-0145                                                       
         Application No. 09/090,990                                                 


         combines Tang and Pallmann to arrive at the instant claimed                
         subject matter.  Tang converts multi-media messages to differing           
         physical transmission media, with apparently no interest in a              
         recipient’s computer system, while Pallmann retrieves data from a          
         selected data source and transfers it to a selected data target.           
         If the references were combined and a conversion of messages to            
         differing transmission media occurred, it is difficult to see how          
         this relates to the instant claimed invention which does not               
         involve conversion of messages to differing transmission media,            
         but, rather, involves creation of an HTML document, checking               
         designated recipients for HTML capability and sending the                  
         document to a designated recipient in accordance with the                  
         recipient’s HTML capability.                                               
              Accordingly, we find no proper prima facie case established           
         by the examiner and we will not sustain the rejection of claims            
         1-30 under 35 U.S.C. § 103 over Tang in view of Pallmann.                  










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