Appeal No. 2001-0331 Page 13
Application No. 09/122,982
We are not persuaded by the examiner's assertion (answer,
page 4) that "the operation can be loosely characterized as
having steps done automatically." The fact that the reference
"may be loosely characterized" by the examiner as "automatically"
performing the recited steps is insufficient to meet the claimed
subject matter. For the reasons set forth, supra, with respect
to the claim construction of claim 1, we find that the references
do not provide automatic converting of the file into a format
that can be e-mailed; and sending the converted file to the
escrow computer as an e-mail message, as asserted by appellant.
Accordingly, the rejection of claim 1, and claims 2-4 and 9-11,
dependent therefrom, under 35 U.S.C. § 103(a) is reversed.
We turn next to independent claims 13 and 25. Appellant
asserts (brief, page 8) that with respect to claim 13 that:
In claim 13, a computer program executed in a
computer system uses code which 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 to 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 (brief, page 10) that with respect to
claim 25 that:
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007