Ex Parte OGILVIE - Page 4




          Appeal No. 2002-1734                                                        
          Application 09/399,066                                                      



                    Because of these teachings, we agree with appellant’s             
          arguments presented at the bottom of page 5 of the principal                
          Brief on Appeal because the examiner:                                       
                    ignores the fundamental difference between                        
                    allowing the user to control file deletion,                       
                    as is done in Hansen, and providing a self-                       
                    removing message, as called for in the                            
                    claims.  Even if removal of messages were                         
                    deemed inherent in Hansen, such messages are                      
                    not self-removing--they are instead removed                       
                    by the recipient.                                                 
          Because of the noted quoted teachings of Hansen, we agree with              
          appellant’s basic view that Hansen does not teach self-removing             
          messages and self-removing codes/enhancements within a message              
          because it is the recipient rather than the origin or source of             
          the message that controls the removability thereof in accordance            
          with Hansen’s teachings.                                                    
                    In light of these assessments of Hansen, we also                  
          reverse the rejection of independent claims 68 through 70 for               
          similar reasons.  There is no self-removing message taught in               
          this reference to the extent recited in these claims.  Likewise,            
          there is no self-removal enhancement taught in Hansen as to this            
          additional requirement of these claims.  Finally, the examiner              
          has not indicated to us nor are we aware of any teaching within             


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