Ex Parte ALLEN - Page 5




          Appeal No. 2002-0349                                                        
          Application No. 09/442,352                                                  


          buy, referring to column 3, lines 55-61, of Stringer (see Paper             
          No. 4-page 2).                                                              


               The examiner recognizes that Stringer does not specifically            
          refer to a system for delivering data to a user terminal over a             
          telephone communication network utilizing bi-directional                    
          communication, as specified in the instant claims.                          
               The examiner turns to either one of Hornbuckle or Ananda               
          which teaches such a bi-directional communication system for                
          delivering data to a user terminal.  Hornbuckle and Ananda are              
          directed to renting computer software.                                      
               The examiner concludes that it would have been obvious “to             
          deliver data using a telephone communications network utilizing             
          bi-directional communications as taught in [Hornbuckle or Ananda]           
          for the delivery of the disabled and original versions of the               
          material disclosed in Stringer in order to allow a user an                  
          opportunity to evaluate software before purchase while providing            
          a convenient delivery system” (Paper No. 4-pages 3 and 4).                  
               Appellant argues that Stringer discloses no bidirectional              
          telephone communication network and no user terminals connected             
          to such a network.  While appellant recognizes that Stringer                
          discloses that his invention may take “advantage of all                     

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