Appeal No. 2002-0145 Application No. 09/090,990 Representative independent claim 1 is reproduced as follows: 1. A process for sending Hypertext Markup Language (HTML) formatted electronic mail across a computer network, comprising the steps of: creating an HTML document; checking the designated recipients for HTML capability; and sending said document to said designated recipients in accordance with said recipient’s HTML capability. The examiner relies on the following references: Zachery 5,283,887 Feb. 1, 1994 Tang et al. (Tang) 5,630,060 May 13, 1997 Pallmann 6,094,684 Jul. 25, 2000 (filed Apr. 2, 1997) Claims 1-30 stand rejected under 35 U.S.C. § 112, second paragraph. Claims 1-30 stand further rejected under 35 U.S.C. § 103 as unpatentable over either Zachery over “what was well known in the art” or “Tang, in view of Pallmann.” (Answer, pages 4 and 6). Reference is made to the briefs (paper nos. 13 and 15) and answer (paper no. 14) for the respective positions of appellant and the examiner. OPINION With regard to the rejection under 35 U.S.C. § 112, second paragraph, the inquiry is whether the claims do, in fact, set out 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007