Appeal No. 2002-1755
Application No. 09/173,286
concerned with transmitting a pre-recorded message to a
recipient, which is unrelated to creating a message from a
plurality of users over a network. Moreover, appellants argue,
the references do not disclose a general purpose computer
connected to the data network. While the examiner points to
Nakatsu for this feature, appellants contend that the cited
portion relates to transferring files from a workstation
connected to the LAN 30 to the IOP unit 64 and that LAN 30 is a
propriety local area network and does not constitute a data
network as defined in light of the specification.
We have reviewed the arguments of appellants and the
examiner and we conclude that the examiner has set forth a
reasonable case which is not overcome by appellants’ arguments.
Since Nakatsu is directed to telephone networks and communication
via a LAN, and Hibbeler teaches communication via telephone and,
in an alternative embodiment, transmission of messages in a
digital format over the Internet (column 6, lines 38-40), the
artisan would have understood that, with an Internet card, an
Internet service provider would be applicable to the Nakatsu
system.
Accordingly, we will sustain the rejection of claims 14-16
under 35 U.S.C. § 103 over Nakatsu and Hibbeler.
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