Ex Parte Adelman et al - Page 6



          Appeal No. 2005-0418                                                        
          Application No. 10/124,248                                                  

               Looking into the similarities between the instant claimed              
          invention and the method/apparatus of Klein for operating on a              
          text-based message, Klein does search a message (a text message)            
          to see if an integrated voice-and-fax delivery is indicated.  If            
          it is so indicated, a computer parses the message to separate it            
          into segments classified by type.  An e-mail message has a                  
          predefined header followed by a sequence of lines of ASCII                  
          characters.  Other types of segment lines are defined as                    
          whitespace, prose, and non-prose (column 5, lines 4-10).  Each              
          line of the message is classified into one of these four types              
          and the four types are identified by different means, e.g. the              
          header is identified by “sentinels predefined for this particular           
          e-mail system” (column 5, lines 12-13).  Further, a computer                
          inserts into a voice message, at places that were occupied in the           
          e-mail message by the non-prose segments, voice pointers to the             
          appropriate fax segments (see column 6, lines 1-5).                         
               Thus, it would appear that Klein discloses many of the same            
          words of the instant claim, e.g., “pointer,”, “predefined.”  But,           
          the examiner has not shown where Klein is performing the claimed            
          steps or shows the claimed apparatus.  The examiner has not                 
          specifically shown how the “predefined header” of Klein equates             
          to searching a message for a signal having “pre-defined                     
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