Ex Parte BERSTIS et al - Page 6



          Appeal No. 2004-2086                                       Page 6           
          Application No. 09/238,800                                                  

          translated into; i.e., the sender puts the recipient's address on           
          the e-mail and then modifies the top level and second level                 
          domain name fields to a site where translations from a first                
          language to a second language are performed, i.e., the                      
          translation address is concatenated onto the destination                    
          language.  Once translation of the message occurs, the translated           
          message is dispatched to the destination site by restoring the              
          top and second level destination names (col. 9, lines 22-28).               
          Thus, an e-mail address of frrecipient@frcompany.com is changed             
          to frrecipient@frcompany.com.translationsite.com (col. 8, line 61           
          through col. 9, line 12).  Since in Boucher the sender determines           
          the translation language, we agree with appellants that Boucher             
          does not teach that the communication is translated into a                  
          language desired by the recipient.  In addition, from our review            
          of Boucher, we agree with appellants, for the reasons which                 
          follow, that Boucher does not teach intercepting an incoming                
          communication.  As discussed, supra, Boucher discloses sending              
          the message to the translation site and then to the recipient.              
          Although the translation site is concatenated onto the e-mail               
          address of the recipient, we find no teaching, not withstanding             
          the arguments of the examiner to the contrary, of intercepting              
          the communication to be translated.  The definition of a term in            





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