Ex parte CLARK et al. - Page 5




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


          The reference makes no mention or suggestion of monitoring a                
          time duration related to how long a time period has elapsed                 
          during which a recipient has accessed the message.  While it                
          may be said that Okumura is concerned with the time period                  
          between the origination of the message and its opening by a                 
          recipient, the reference is not concerned with the period of                
          time after the recipient has opened the message.                            
               Johnson is of no help in providing for this deficiency of              
          Okumura.  Johnson is concerned only with requiring a specific               
          response from a recipient when an electronic mail object is                 
          opened and prohibiting a further selected action by the                     
          recipient until such specific response is forthcoming.                      
          Johnson is not concerned with monitoring the recipient’s                    
          access to the object and transmitting a confirmation to the                 
          originator when a predefined duration of time has been                      
          satisfied.                                                                  


               Accordingly, we hold that the examiner has failed to                   
          establish a prima facie case of obviousness with regard to the              
          instant claimed subject matter.                                             
               The examiner’s decision rejecting claims 1-12 under                    
                                         -5-                                          





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