Appeal No. 2004-1952
Application No. 09/207,954
Representative independent claim 35 is reproduced as
follows:
35. A method for a communications server to deliver a
marketing message, said method comprising the steps of:
receiving a telephone call from a caller at said
server;
querying said caller by said server for a third-party
telephone number;
receiving said third-party telephone number at said
server;
establishing, by said server, a telephone conference
call between said caller and a third-party at said third-
party telephone number;
delivering from said server to said caller and said
third-party a marketing message during said telephone
conference call.
The examiner relies on the following references:
Riddle 5,857,189 Jan. 5, 1999
Mendler, “Competition drives operators toward retail innovation,”
CommunicationsWeek Int’l, no. 160, pages officially unnumbered
(Mar. 4, 1996).
Claims 35-37, 45 and 46 stand rejected under 35 U.S.C. § 103
as unpatentable over Mendler. The examiner relies on Riddle to
provide a back-up for things for which the examiner takes
Official notice.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
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