Appeal No. 2005-0418
Application No. 10/124,248
At the outset, we note that rather than point to specific
portions of the reference for support of each and every one of
the claimed steps/elements, the examiner identifies practically
the whole disclosure of the Klein reference and essentially says
“it’s in there.”
As both appellants and the examiner seem to agree, the
instant invention is directed to converting a non-text message,
such as speech or image, to a text message. Klein, on the other
hand, is directed to the reverse, i.e., converting electronic
mail text into voice/fax messages.
The main point of contention between appellants and the
examiner is that while Klein’s disclosure deals with this text-
to-voice/fax conversion, Klein does indicate that “[c]onversion
of integrated voice-and-fax messages into e-mail messages is
likewise envisioned” (abstract); “[a]lternatively, the
transformation of the message from one media to another may be
done in the reverse direction” (column 2, lines 3-5); and “the
process may be reversed, whereby received integrated voice-and-
fax messages are convened into e-mail messages for delivery”
(column 6, lines 35-38).
The examiner concludes that Klein therefore discloses the
instant invention, while appellants contend that Klein only
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