Appeal No. 2003-1598
Application 09/213,851
inherency, each and every element of a claimed invention as well
as disclosing structure which is capable of performing the
recited functional limitations. RCA Corp. v. Applied Digital
Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.
Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and
Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ
303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
With respect to independent claims 1 and 55, the examiner
has indicated how he finds the claimed invention to be fully met
by the disclosure of Dillon. Of particular note in the rejection
is the examiner’s position that the e-mail notification
communications link in Shtivelman, although nominally disclosed
as a high bandwidth link, could be considered a low bandwidth
link because there could be higher bandwidth links such as fiber
optics. The examiner also asserts that Shtivelman teaches that
e-mail notifications can be sent over a low bandwidth link as
taught in the prior art or over a high bandwidth link as in
Shtivelman’s invention [answer, pages 3-7].
With respect to independent claims 1 and 55, which stand
or fall together [brief, page 7], appellants argue that Dillon
only discloses using a high speed link for e-mail notifications.
Appellants assert that the portions of Dillon relied on by the
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