Appeal No. 2002-1761
Application No. 09/169,757
known, but contends that it was “presently operable only within
the wireless network” (brief-page 3) and that the invention is in
SMS message notification to a subscriber outside of the wireline
and wireless networks, wherein the SMS message notification is
routed through the Internet to a voice mail subscriber at one or
multiple locations or message receiving devices. Thus, it
appears that the examiner is alleging obviousness at the very
heart of appellant’s alleged invention without pointing to an
adequate showing of why the claimed subject matter would have
been obvious.
The examiner does point to column 5, lines 51-67, along with
elements 26, 29 and 40 of Figure 1 of Pepe. However, reference
to that portion of the reference offers no clear suggestion of
SMS message notification since that portion relates only to PCI
communication and that a subscriber may have options in selecting
“cross-media notification of incoming messages...” To the extent
that Pepe mentions “short text message” at column 21, line 49,
and to the extent that this may suggest some type of SMS message
notification (since this is what the examiner refers to in his
response, at page 7 of the answer), we would note that this
portion of the reference appears to relate to messages to the
caller rather than notification to the subscriber that a voice
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