Ex Parte Adelman et al - Page 8



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

               It may very well be that with Klein’s disclosure of the                
          ability to reverse his preferred process to make it a voice-and-            
          fax to text conversion, together with the disclosure of                     
          predefined headers and pointers, the skilled artisan would have             
          found it obvious to operate on a non-text message by searching              
          the message for signal samples having pre-defined characteristics           
          and comparing these signal samples with the pre-defined                     
          characteristics and then, upon finding such signal samples with             
          those pre-defined characteristics, storing pointers pointing to             
          the found signal samples in the message.  However, the examiner             
          has advanced no reasoning as to obviousness within 35 U.S.C.                
          § 103, and we will not speculate.                                           
               But, as to anticipation under 35 U.S.C. § 102(e), the                  
          examiner has failed to specifically point out how each and every            
          claimed step/element is found in Klein.  Therefore, we cannot               
          sustain this rejection.                                                     








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