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
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