Ex Parte Vigil et al - Page 3

                 Appeal 2007-2343                                                                                        
                 Application 09/928,856                                                                                  

                        plurality of messages being preconfigured to be sent to a recipient,                             
                        wherein at least one of the messages is a text message that includes at                          
                        least one token, wherein the messaging module receives the plurality                             
                        of preconfigured messages from the message web site based on a user                              
                        identification and displays the message user interface on the display                            
                        thereby enabling the user to select the message from the plurality of                            
                        preconfigured messages, and wherein the messaging module allows                                  
                        the user to enter token text to replace the at least one token in the                            
                        message;                                                                                         
                                providing to the user a recipient user interface to select the                           
                        recipient; and                                                                                   
                                sending the message to the recipient through the global                                  
                        computer network.                                                                                
                        The prior art relied upon by the Examiner in rejecting the claims on                             
                 appeal is:                                                                                              
                 Martin   US 2002/0174106 A1  Nov. 21, 2002                                                              
                 Graham   US 2002/0178353 A1  Nov. 28, 2002                                                              
                 Puskala   US 6,908,389 B1   Jun. 21, 2005                                                               
                        The rejections as presented by the Examiner are as follows:                                      
                        1.  Claims 1-3, 7, 8, 13-19, 23, 24, 29-34, and 37 stand rejected under                          
                 35 U.S.C. § 103(a) as being unpatentable over Puskala and Martin.                                       
                        2.  Claims 9-12, 25-28, and 38-40 stand rejected under 35 U.S.C.                                 
                 § 103(a) as being unpatentable over Puskala, Martin, and Graham.                                        

                                                       ISSUES                                                            
                        (1) Under 35 U.S.C § 103(a), with respect to appealed claims 1-3, 7,                             
                            8, 13-19, 23, 24, 29-34, and 37, would one of ordinary skill in the                          



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