Ex parte CLARK et al. - Page 4




          Appeal No. 1996-3048                                                        
          Application No. 07/998,316                                                  


          containing the message is monitored when the distribution is                
          accessed by the recipient and the time duration of access is                
          tracked.  This is brought out in claim 1 and, in more detail,               
          in claim 8.                                                                 
               The examiner relies on Okumura for teaching the claimed                
          subject matter but for “details about specifying an access                  
          relationship between a plurality of objects within the message              
          and monitoring the time duration of access based upon the                   
          access relationship” [answer-page 4].  The examiner then                    
          relies on Johnson for an electronic mail system which                       
          specifies the access relationship between a plurality of                    
          objects within a message, concluding that it would have been                
          obvious to combine these teachings to arrive at the claimed                 
          subject matter.                                                             


               We disagree.  Okumura is concerned with giving the                     
          recipient a signal, based on instructions from the originator               
          of the message, as to the urgency of the message.  The “time”               
          references within the disclosure of Okumura refer to possibly               
          increasing the frequency of a flashing signal or varying a                  
          notice pattern until the receiver notices the mail-receive.                 
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