Ex Parte Sollee - Page 11

                 Appeal 2007-1063                                                                                      
                 Application 09/881,594                                                                                

                 Thomas in view of Roach] to initiate real time media data sessions” (Answer                           
                 7:18-20). Because Thomas is not limited to electronic mail communications,                            
                 and contains no teaching excluding telephonic or multimedia                                           
                 communication, we find that the Examiner did not err in rejecting claims 5                            
                 and 6 under 35 U.S.C. § 103(a).                                                                       
                                                    Other Issues                                                       
                        Should there be further prosecution of this application, we bring the                          
                 following references to the attention of Appellant and the Examiner:                                  
                 Dingman  US 2004/0024879 A1  Feb. 5, 2004                                                             
                 Oren     US 2003/0145093 A1  Jul. 31, 2003                                                            
                 Stephenson  US 2002/0023143 A1  Feb. 21, 2002                                                         
                        Dingman teaches transmitting a message, e.g., every 30 seconds to                              
                 keep the path in the firewall/NAT open in case a user agent is behind a                               
                 NAT/firewall (para. [0115]). Oren teaches maintaining a connection by                                 
                 having a client module send a keep-alive message every few hundred                                    
                 seconds (para. [0062]). Stephenson teaches sending a keep-alive message to                            
                 maintain a connection through a firewall (para. [0108]).                                              
                        Although Dingman is not prior art to Appellant, the reference can be                           
                 used as evidence to confirm what the Thomas patent would teach to one of                              
                 ordinary skill in the art.                                                                            

                                             CONCLUSION OF LAW                                                         
                        We conclude that Appellant has not shown that the Examiner erred in                            
                 rejecting claims 1-6, 25, 26, 30, 31, 33-36, 38 and 39. Claims 1-6, 25, 26,                           
                 30, 31, 33-36, 38 and 39 are not patentable.                                                          


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