Appeal No. 2001-0331 Page 9
Application No. 09/122,982
other information can be attached to the message. Pegasus
teaches that any message and file may be sent to any other
computer for any purpose. The examiner asserts (answer, page 4)
that “[T]he present claims do not distinguish over the generic
use of this known software e-mail function for sending any file
attached to an e-mail message, where the operation can be loosely
characterized as having steps done “automatically.” Netscape
teaches RSA encryption of all of its transmissions which include
file attachments with coding preferences, which include e-mail.
Netscape further teaches the ability of a firewall to be
penetrated by e-mail. It is asserted (id.) that it would have
been obvious to send an encrypted message or a copy of a file
from a source computer to another computer, and to consider any
backup computer as an escrow computer. The examiner additionally
argues (answer, page 4) that:
Many programs periodically back-up data
automatically, but that is not claimed, and alone
it would read on some of the first Windows version’s
of Word and Word Perfect. Thus, it would have been
obvious to have periodically executed back-up routines
on some data manually, to the extent that the automatic
nature of some of its software functions are not of
concern here. To further e-mail such is within the
realm of e-mailings per se found in the three
references.
Appellant asserts (brief, pages 5 and 6) that:
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