Ex Parte Kitchen et al - Page 8




              Appeal No. 2005-0778                                                                                        
              Application No. 09/867,587                                                                                  

                     With respect to independent claim 43, the examiner maintains that Hogan                              
              teaches the claimed method by accessing the billing information via a URL on the World                      
              Wide Web which is not via email.  (Answer at page 10.)  We agree with the examiner                          
              that the log-on, transmission and presentation of a GUI to “Receive and Pay Bills” would                    
              have been the notice, the subsequent selection of this choice by the user would have                        
              been a request to receive billing information and the display of the billing information                    
              would have been the transmission of at least a portion of the billing information in                        
              response to the request by the user.  (Hogan at column 6, lines 9-31.)   Appellants                         
              present discussions of various portions of Hogan and argue that Hogan does not teach                        
              the claimed invention.  (Brief at page 17-20.)  Appellants conclude that Hogan teaches a                    
              “pull” and a “push” embodiment.  Appellants state that the pull embodiment is by a                          
              protocol other than email.  (Brief at pages 19-20.)  This is the embodiment that the                        
              examiner identifies in Figure 3 of Hogan, and we find that the user’s interaction with the                  
              GUI teaches the claimed invention.  Therefore, we find that Hogan teaches the                               
              invention recited in independent claim 43, and we will sustain the rejection of                             
              independent claim 43 and dependent claims 45 and 49 which appellants elected to                             
              group therewith.                                                                                            







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