Ex Parte Carey - Page 9

               Appeal 2007-1440                                                                             
               Application 09/920,481                                                                       
                                                                                                           
                      In view of this well-known functionality of hyperlinks, we see no                     
               reason why the skilled artisan could not have provided a “mailto” capability                 
               associated with the hyperlink that initiates the transaction in Gifford.  Such a             
               capability would provide, among other things, the ability for the user to add                
               other information to the request or query the merchant for specific                          
               information in conjunction with the request.                                                 
                      For the foregoing reasons, we conclude that receiving an email                        
               message responsive to the user’s activating a link in Gifford (i.e., via an                  
               HTML “mailto” function associated with the link) would have been well                        
               within the level of the skilled artisan.                                                     
                      In addition, we find that Talati is replete with teachings of using email             
               in an electronic commerce transaction as a traceable delivery system.  See,                  
               e.g., Fig. 15 and col. 10, ll. 41-48 (noting that the client generates a purchase            
               order that is formatted and transmitted to the merchant via an email                         
               message).  In fact, a significant portion of Talati pertains to using email as a             
               traceable delivery system.  (See Talati, col. 8, l. 21 – col. 12, l. 46; Figs. 11-           
               16).  As Talati indicates, using email in this manner not only facilitates                   
               exchanging information, but also enables processing complex transactions                     
               and sharing information between multiple entities (Talati, col. 8, ll. 22-25).               
                      In view of these collective teachings, the skilled artisan would have                 
               had ample reason on this record to enable the user to send the first message                 
               via email as claimed.  For this additional reason, we will sustain the                       

                                                                                                           
               (“Most people are aware of the MAILTO tag in HTML, which allows you to                       
               send mail to a particular address by clicking on a link.”).                                  

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