Ex Parte Gonzalez - Page 5

            Appeal 2007-0964                                                                                
            Application 09/984,929                                                                          

                                              FINDINGS OF FACT                                              
                   Appellant’s Specification discusses a method of creating e-mail distribution             
            lists.  Appellant’s Specification, on page 4, states:                                           
                         The present invention also extends [sic, to] a computer program                    
                   arranged to implement the method of the invention and to a storage medium                
                   or data carrier carrying a computer program arranged to implement the                    
                   method of the invention.                                                                 
                   As the Specification states the program can be on a storage medium or data               
            carrier, it implies that the two ways of conveying the program are different.  Thus,            
            we find that Appellant’s Specification discusses two ways to convey the computer                
            program, 1) a storage medium and 2) a data carrier (i.e. a signal) and not that the             
            storage medium is a carrier signal.                                                             
                   Terada teaches an e-mail system which allows for the automatic creation of               
            an e-mail group.  The e-mail group is created by examining the addresses entered                
            in an e-mail.  Para. 0054.  The triggering event for creating the distribution list is a)       
            delivering the e-mail, b) storing an e-mail created fresh, and c) delivering or                 
            storing an already stored e-mail in which the destination address has been                      
            modified.  Para. 0053.  In paragraphs 0054 et seq. Terada discusses the operation               
            of the system when the generation of an e-mail group is triggered by delivery of an             
            e-mail.  Terada does not provide a descriptive example of the system’s operation to             
            create an e-mail distribution list when triggering events b) or c) occur.  Figure 5             
            depicts the flow of creation of an e-mail and shows that storing an e-mail can occur            
            without delivering the e-mail.  Thus we find that triggering events b) storing an e-            
            mail and c) storing an already stored e-mail in which the destination address has               
            been modified occur prior to delivery of the e-mail.                                            



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