Ex Parte LIEBENOW - Page 3




          Appeal No. 2003-0247                                                        
          Application No. 09/185,924                                                  


               The independent claims require that after a failed attempt             
          by a first computer system to initiate communication between a              
          network communications device of that computer system and a first           
          network communications device associated with a second computer             
          system, the first computer system is operated to at least try to            
          communicate a message to a second network communications device             
          associated with the second computer system.1,2                              
               Thro discloses a system and method for spawning a                      
          communication service, which can be a location determination                
          service, a schedule or itinerary communication service, or a                
          stored message service, when a call attempt from a first user of            
          a first communication unit to a second user of a second                     
          communication unit fails (col. 1, line 66 - col. 2, line 5;                 
          col. 2, lines 52-65).3  The first unit can be a wireline                    
          telephone and the second unit can be a cellular phone, or the               


               1 In claims 5 and 10 the communications device of the first            
          computer system and the first communications device associated              
          with the second computer system are modems and the second                   
          communication device associated with the second computer system             
          is a pager.                                                                 
               2 In claim 12, the first appearance of “second” should read            
          “first”.                                                                    
               3 “Spawning, generally refers to starting a second distinct            
          process or service based on a previous process or service”                  
          (col. 4, lines 53-55).                                                      
                                          3                                           





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