Appeal No. 2005-0778
Application No. 09/867,587
the subscriber ever requests billing information via an email transmission in response to
an email that the billing information is available. (Brief at page 14-17.) The examiner
maintains that when the subscriber opens the email “in essence” he or she is requesting
to receive billing information. (Answer at page 10.) While we agree with the examiner
that the opening of the email containing the billing information is similar to requesting to
view the billing information, we cannot agree that Hogan teaches the email notice and
email request and email transmission of the billing information, as recited in the
language of independent claim 40 and its corresponding dependent claims 41 and 42.
Similarly, we find that Hogan does not teach the corresponding system which is set forth
in independent claim 51. Therefore, we cannot sustain the rejection of independent
claims 40 and 51 and dependent claims 41 and 42.
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