Appeal No. 2001-1569
Application No. 09/007,714
does not teach a processor operative to receive a message from a calling party via the
internet telephony web site. (See brief at page 4.) We agree with appellant. We find
that while Bowater does teach the use of a telephony web site to connect a call from a
calling party to a called party, the DTMAIL 610 website attached to the Internet would
be the location/website which receives the message from the calling party and through
which the voicemail message would be retrieved by the called party. From our review
of the teachings of Bowater, we find many suggestions and variations of the basic
system and functionality, but we find no teaching of “a processor coupled to said data
storage system, said processor operative to receive a message from said calling party
via the internet telephony web site, and to store said message in said data storage
system for retrieval by said called party via the internet telephony web site.” (See brief
at page 6.) While the teachings of Bowater may be manipulated to define what the
telephony website is and what the limitation “via” can be interpreted as, we do not find
that the retrieval would be via the same telephony web site that connects the calling
party to the called party. Therefore, we do not find that the examiner has established a
prima facie case of anticipation, and we will not sustain the rejection of independent
claims 1 and 20 along with their dependent claims 2, 5, 21, 23, 25, and 26.
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