Ex Parte BRESNAN et al - Page 4




              Appeal No. 2003-1606                                                                 Page 4                
              Application No. 09/289,901                                                                                 


              consumer to choose one of those methods of communications, Kolling does not                                
              disclose a Send Request object containing both a Recipient Preferences element and a                       
              Sender Requirements element.  Likewise, while Kolling does have a paper option field4                      
              which indicates whether a biller still desires to send paper statements through the mail                   
              to various of its customers, Kolling does not disclose that this paper option field                        
              overrides the Recipient Preferences element instructions contained within the Send                         
              Request object.                                                                                            


                     For the reasons set forth above, the claims 1 to 6, 13 and 14 are not anticipated                   
              by Kolling.  Accordingly, the decision of the examiner to reject claims 1 to 6, 13 and 14                  
              under 35 U.S.C. § 102(e) is reversed.                                                                      














                     4 A "no" value in this field indicates that the biller does not wish to continue sending paper      
              statements to its customers, and desires to send electronic statements.  A "yes" value in this field       
              indicates that the biller still sends paper statements to various of its customers.                        







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