Ex Parte Ogilvie - Page 3




          Appeal No. 2002-1623                                                        
          Application 09/619,933                                                      



                                       OPINION                                        
                    We reverse.                                                       
                    Each of independent claims 1, 2 and 10 on appeal in               
          some manner require steps associated with the originator of an              
          email message of “creating a self-removing email message by                 
          placing advertising in an email message as message content and by           
          associating a self-removal enhancement with the email message.”             
          We reverse the outstanding rejections of the claims on appeal               
          because the examiner has failed to meet the advertising require-            
          ment of this clause as well as the self-removing requirement of             
          the claims on appeal.                                                       
                    We agree with appellant’s urging at pages 5 and 6 of              
          the principal Brief on appeal that Hansen does not provide a                
          self-removing message as called for in the claims.  In fact, the            
          messages are removed by the recipient.  As we will show, we do              
          not agree with the examiner’s view at the bottom of page 7 of the           
          Answer that “Hansen teaches enhanced documents with embedded                
          scripts that have [a] capability of automatically performing                
          functions that [a] user can execute manually such as deleting a             
          file.”  Within the context of Hansen, there is no automatic                 
          deletion of a file to the extent the examiner takes this view.              

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