Ex Parte LAWSER et al - Page 3



          Appeal No. 2002-1136                                                        
          Application 09/030,601                                                      

               converting the call to an Internet Telephony format at the             
          Internet Service Provider if the call is not presently in such a            
          format; and                                                                 
               delivering the call to the called party in an Internet                 
          Telephony format for receipt by the called party so that the                
          parties can converse via using an Internet Telephony protocol.              
                           References                                                 
               The references relied on by the Examiner are as follows:               
          McMullin                           5,809,128      Sept. 15, 1998            
          (Filing date Nov.   1, 1996)                                                
          Krishnaswamy et al. (Krishnaswamy) 5,999,525      Dec.   7, 1999            
          (Filing date Nov.  18, 1996)                                                
                                Rejections at Issue                                   
               Claims 1, 2, and 5 through 16 stand rejected under 35 U.S.C.           
          § 102 as being anticipated by McMullin.  Claims 3 and 4 stand               
          rejected under 35 U.S.C. § 103 as being unpatentable over                   
          McMullin in view of Krishnaswamy.1                                          
               Throughout our opinion, we make reference to the briefs2 and           
          the answer for the respective details thereof.                              



               1 We note that the Examiner has allowed claims 17 through 25.          
          See page 7 of Examiner’s answer.                                            
               2                                                                      
               2 Appellants filed an appeal brief on June 18, 2001.                   
          Appellants filed a reply brief on January 14, 2002.  The Examiner           
          mailed out an office communication on March 14, 2002, stating               
          that the reply brief has been entered.                                      
                                          3                                           




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