Appeal No. 2002-1761
Application No. 09/169,757
mail message has been left for the subscriber. Accordingly, the
examiner has not successfully pointed to anything in Pepe which
would have suggested to the artisan the SMS message notification
set forth in the instant claims. Therefore, we will not sustain
the rejection of claim 15 under 35 U.S.C. § 103.
We now turn to the rejection of claims 1-6 under 35 U.S.C.
§ 103.
It is the examiner’s view that Amin discloses the claimed
invention but for routing the message notification over a local
Internet network. The examiner then turns to Pepe for a
disclosure of a personal communications Internet network for
routing messages over the Internet gateway to provide indication
to the subscriber of stored voice mail messages, specifically
pointing to Figure 1, elements 26, 29, 40, 39 and 32, and to
column 5, lines 51-67 of Pepe. The examiner then concludes that
it would have been obvious to use “Pepe’s technique in Amin’s
invention to send voice information messages over Internet in
order to increase the use of delivering voice mail message in log
distance system [sic]” (answer-pages 3-4).
Again, we will not sustain the examiner’s rejection under
35 U.S.C. § 103 because the examiner has not established a prima
facie case of obviousness of the instant claimed subject matter.
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