Appeal No. 2001-0331 Page 14
Application No. 09/122,982
In claim 25, a computer system has mechanisms
configured to 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.
From our review of claims 13 and 25, we find that
appellant's arguments are not commensurate with the language of
independent claims 13 and 25. In contrast to claim 1, which
required that the system automatically performed the three
recited steps of “using the host computer system for
automatically, storing the native copy of the data in a file;
converting the file into a format that can be emailed; and
sending the converted file to the escrow computer as an email
message,” claim 13 requires "automatically making a back-up copy
of data for a client company" in the preamble, and does not
require that the three later recited code operations are
automatically performed. Giving weight to the preamble, the
claim language requires automatically making a back-up copy but
does not require “code that stores the native copy of the data in
a file; code that converts the file into a format that can be
emailed; and code that sends the converted file to the escrow
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