Ex Parte MUNSIL et al - Page 4




              Appeal No. 2003-0957                                                                 Page 4                
              Application No. 09/074,074                                                                                 


                                                       OPINION                                                           
                     Rather than reiterate the positions of the examiner or the appellants in toto, we                   
              address the point of contention therebetween.  The examiner makes the following                            
              assertions.                                                                                                
                     Thomson et al show: arranging the selected billing messages ( Fig. a1 (A,                           
                     11, 98), Fig. b (B, 87), Fig. c (L,2 C, 11, 22) and Fig. d. (D).  The                               
                     message A, Fig. a, seemingly looks that it would remain same for all the                            
                     customers, however, it is just an example of types of the various                                   
                     messages under the element named "Variable message data" (Col. 13,                                  
                     line 17) stored (arranged) in the database (Col. 12, lines 63-65: This                              
                     system includes the functions of generation (arranging, storing) of the                             
                     initial customer and financial institution control file data base from source                       
                     data) in some predefined scheme. Thomson et al also show "matching                                  
                     and extraction (selection) of information, col. 13, lines 65-68". From the                          
                     above citations, it is clear that Thomson et al teach "arranging the selected                       
                     messages".                                                                                          
              (Examiner's Answer, § 11.3)  He admits, "Thomson et al do not show . . . each                              
              [message] having an assigned priority. . . ."    (Id., §10.)  Noting that "Baggarly et al                  
              teach priority of messages to be included in the envelope enclosing the statement of                       
              account (billing statement)," (id.), the examiner asserts, "it would have been obvious . . .               
              to incorporate Baggarly et al's feature in Thomson et al's invention, because it would                     


                     1Thomson omits "Fig. a," "Fig. b," "Fig. c," and "Fig. d" to which the examiner                     
              refers.  Based on the numbers of the drawing element to which he cites (e.g., nos. 11,                     
              98), we presume that the reference is to Figures 1a, 1b, 1c, and 1d of Thomson.                            
                     2We are uncertain to what "A," "B," "L," "C," and "D" refer.                                        
                     3The examiner should number the pages of his answers.                                               







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