Ex Parte Clement et al - Page 8



                Appeal 2007-0148                                                                              
                Application 10/964,939                                                                        
                Claims 17-21                                                                                  
                      Independent claim 17 is argued to recite the particular heuristics for                  
                choosing the messaging engine:                                                                
                      . . . the means for selecting choosing, as the messaging engine:                        
                                   if a recipient user indicates he is in a meeting, email;                   
                                  if the recipient user indicates he is actively at work,                    
                             instant messenger; and                                                           
                                  if the message includes multimedia, multimedia                             
                             messaging services; and                                                          
                            means for formatting the message from the sender computer as                     
                      appropriate for use with the messaging engine selected by the means                     
                      for selecting, for transmission thereof to the recipient computer using                 
                      the messaging engine selected by the means for selecting.                               
                      The Examiner refers to paragraphs 10, 30, 39 and 79 of Hullfish                         
                (Final Rejection 9).                                                                          
                      Appellants argue that paragraphs 10, 30, 39, and 79 relied upon by the                  
                Examiner do not teach the particular heuristics (Br. 6).  Appellants note that                
                the Examiner does not address this argument in the Answer (Reply Br. 3).                      
                      We do not find these specific steps in Hullfish in paragraphs 10, 30,                   
                39 and 79 or elsewhere.  Accordingly, the rejection of claims 17-21 is                        
                reversed.                                                                                     




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