Appeal No. 2003-0247 Application No. 09/185,924 the rotary switch and the telephone utility, to a backup facility answering site (col. 2, lines 48-65). The examiner argues (answer, page 4) that Thro discloses: after failing to establish communications between the first and second network communications devices, operating said first system to communicate a message to a second communications device associated with the second system (see column 2, lines 1-51, column 3, line 52 to column 4, line 55, column 5, lines 7-20; “a system for and method of spawning a communication service when a call attempt from a first user of a first communication unit to a second user of a second communication unit fails. . . . The spawned communication service may be primarily directed at a communication unit, including the first communication unit or a third communication unit”). Contrary to the examiner’s argument, the quoted portion of Thro does not disclose sending a message from the first communication unit to the second communication unit but, rather, discloses that the spawned communication service can communicate with the first communication unit or a third communication unit. Furthermore, we do not find in the other cited portions of Thro the disclosure argued by the examiner. The examiner argues that Thro does not explicitly show a computerized system and that Walton discloses such a system (answer, page 4). Walton, however, like Thro, does not disclose sending a message from the system that initiated the failed communication attempt to the system to which the failed 5Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007