Ex Parte YEH et al - Page 9



          Appeal No. 2004-1952                                                        
          Application No. 09/207,954                                                  

               Such a server, having the claimed capabilities, or any                 
          server, for that matter, is not disclosed or suggested by the MCI           
          “Friends and Family” billing plan relied on by the examiner.                
               Moreover, assuming, arguendo, that Mendler did suggest such            
          a server, an assumption with which we disagree, we agree with               
          appellants that Riddle does not provide for the missing                     
          “marketing message,” as claimed.  While Riddle may share files in           
          a teleconferencing environment, there is no indication therein              
          that a “marketing message” is delivered to the teleconferencing             
          parties.  File sharing in Riddle, where one “advertises” for                
          files (e.g., see column 13, lines 25-30), is just not the same as           
          a marketing message, as claimed.  But, even if one would consider           
          such to be a “marketing message,” as claimed, the examiner has              
          provided no convincing reason why the skilled artisan would have            
          sought to make the combination and provide for the claimed                  
          “marketing message” in a teleconferencing environment.  Even if             
          we accept that it was “well known” to provide marketing messages,           
          as alleged by the examiner, this is not a reason to provide for             
          such messages by delivering them from a server to a caller and a            
          third party during a telephone conference call, as claimed.                 



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