Appeal No. 2001-0331 Page 10
Application No. 09/122,982
Although the cited references may teach basic
email functions, none of these references teach
an escrow computer nor disclose or suggest
automatically storing a native copy of the data
in a file, converting the file into a format that
can be emailed, and sending the converted file to
an escrow computer as an email message. In addition,
each reference requires user intervention, thus they
are not automatic.
It is further argued (id.) that the examiner fails to provide any
suggestion to modify the references to teach each and every
element in the claims. It is argued (brief, page 6) that:
In claim 1, a method executed on a host computer
system automatically stores a native copy of the
data in a file, converts the file into a format
that can be emailed, and sends the converted file
on an escrow computer as an email message. The
cited art fails to disclose or suggest these steps.
Moreover, user intervention is not required to
operate the transmission of the email message,
as required by the cited art.
Appellant further asserts (reply brief, page 5) that none of the
references performs the automatic functions as recited in claim
1. With respect to the examiner's assertion that many programs
periodically back-up data automatically, it is additionally
argued that the cited word-processing programs do not send a
converted file to another computer as an e-mail message.
We find that Hoffman (col. 6, lines 9-15) is directed to “an
improved identification system for determining an individual’s
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