Ex Parte NAYLOR et al - Page 8



          Appeal No. 2006-0203                                                         
          Application No. 09/187,332                                                   

          connection be selected.  However, as suggested by Fabbio, the                
          document may be sent to multiple destinations, which merely                  
          requires that each of the destination addresses be identified as             
          either a fax number or an e-mail address through the process                 
          depicted in Figure 3 of Ho.  Therefore, as the Examiner has                  
          established a prima facie case of obviousness with respect to                
          claim 19, we sustain the 35 U.S.C. § 103(a) rejection of claim               
          19, as well as claims 20, 21, 23, 26-28, 30-34 and 36, argued                
          therewith as falling together (brief, pages 4-8) over Ho and                 
          Fabbio.                                                                      
               Turning now to the rejection of claim 22, we note                       
          Appellants’ arguments with respect to the claimed server acting              
          as an intermediary that allows the transmission of the e-mail and            
          the fax message according to a single protocol (brief, page 9).              
          The Examiner’s response focuses on the use of a commercial                   
          service by Ho (col. 3, lines 58-61) which originates both the                
          facsimile and the e-mail versions of the transmission (answer,               
          page 6).  Appellants assert that Ho merely refers to what a                  
          router is and not that a single protocol is used for                         




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