Ex parte DORDENBOSCH et al. - Page 10




                 Appeal No. 2000-0274                                                                                                                   
                 Application No. 08/724,568                                                                                                             


                 the message.  As indicated supra, Faris uses message deletion                                                                          
                 when the memory does not have enough room for a new message.                                                                           
                          Based upon the foregoing, we agree with appellants’                                                                           
                 argument (brief, page 13) that the admitted prior art, Faris                                                                           
                 and Hamamoto when considered singularly or in combination                                                                              
                 neither teach nor would have suggested the claimed invention                                                                           
                 set forth in claims                                                                                                                    
                 1 through 4, 9, 15 and 20.  Accordingly, the obviousness                                                                               
                 rejection of claims 1 through 4, 9, 15 and 20 is reversed.                                                                             
                 The obviousness rejection of claims 5 through 8 and 10 is                                                                              
                 likewise reversed because we agree with appellants’ argument                                                                           
                 (brief, pages 15 and 16) that the message priority teachings                                                                           
                 of DeLuca  do not1                                                                                                                     
                 cure the noted shortcomings in the teachings of the admitted                                                                           
                 prior art, Faris and Hamamoto.                                                                                                         
                          We agree with the appellants’ argument (brief, pages 14                                                                       
                 and 15) that the claimed “message length” set forth in claims                                                                          
                 13 and 18 refers to a message, and not to a “fragment” of the                                                                          


                          1In DeLuca, message deletion is used to make room in                                                                          
                 memory for messages that take priority over the deleted                                                                                
                 message (column 9, lines 23 through 59).                                                                                               
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