Ex Parte Bhan et al - Page 3



            Appeal 2006-3269                                                                                 
            Application 10/734,811                                                                           
                                             THE REJECTION                                                   
                   The Examiner relies upon the following as evidence of unpatentability:                    
                    Sarid (Gal)1             WO 01/52106 A2             Jul. 19, 2001                        
                   The Examiner rejected claims 1-6, 8, 10-15, 17, and 18 under 35 U.S.C.                    
            § 102(b) as being anticipated by Gal.                                                            

                                                   ISSUE                                                     
                   Appellants contend that claims 1-6, 8, 10-15, 17, and 18 are not anticipated              
            by Gal, because Gal does not teach or suggest sending a multi-event invitation via               
            email, as required by independent claims 1, 6, and 15 (Br. 6).  The Examiner found               
            that Gal anticipates claims 1, 6, and 15, because Gal discloses a method of                      
            selectively distributing invitations by email wherein at least one of the email                  
            invitations sent in the sending step invites its recipient to a plurality of events              
            (Answer 3-5).  The issue before us is whether Appellants have shown that the                     
            Examiner erred in finding that Gal anticipates claims 1-6, 8, 10-15, 17, and 18.                 

                                           FINDINGS OF FACT                                                  
                   A preponderance of the evidence establishes the following facts:                          
                   “Email,” shorthand for “electronic mail,” are “messages sent by a user and                
            retrieved by another through an electronic service system, most often via telephone              
            lines or radio transmission.”  Jerry M. Rosenberg, Dictionary of Computers,                      
                                                                                                            
            1 Although the first named inventor is Sarid, the Examiner and Appellants refer to               
            the document throughout by reference to the second named inventor, Gal.  To                      
            avoid confusion, we refer to the reference as “Gal.”                                             
                                                     3                                                       



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