Ex Parte Ogilvie - Page 5




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



                    in revising the script for potentially dangerous                  
                    statements.                                                       
                    Contrary to the examiner’s views expressed with respect           
          to Hansen within the rejection under 35 U.S.C. § 102 of certain             
          claims on appeal, these statements clearly indicate that the                
          originator is not able to make a "completely self-removing" file            
          “enhancement” to any email message within Ness.  The claimed                
          self-removal ability must come from the originator of the message           
          and not the user/reader.  Since the examiner has not provided               
          evidence to us that the essential subject matter of representa-             
          tive independent claims 1, 2 and 10 on appeal are anticipated by            
          Hansen, we must reverse the rejection of each of them and their             
          respective dependent claims as well rejected under 35 U.S.C.                
          § 102.                                                                      
                    We also reverse the rejection of the claims under                 
          35 U.S.C. § 102 because we agree with the appellant’s views                 
          expressed at page 6 of the principal Brief on appeal and in the             
          Reply Brief that Hansen does not even discuss advertising, let              
          alone to the level of anticipating the present feature of the               
          claims on appeal.  The mere conveyance of a birthday event                  
          announcement according to Appendix 1 at pages 30 and 31 of                  
          Hansen even by email does not necessarily convey to the reader              

                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007