Ex Parte Bouchard - Page 7



               Appeal No. 2006-2890                                                                                               
               Application No. 09/842,747                                                                                         

                      can automatically receive a mailbox content list from a mail server, (Stein,                                
                      col. 3, lines 8-23, col. 7, line 48-col. 8, line 7, col. 8, lines 41-48).  Stein                            
                      further teaches pulling the mailbox content list if the list has not already                                
                      been pushed and stored, (Stein, col. 3, lines 8-23).                                                        
                      Even though this so-called “push model” feature is recited only in the                                      
               preamble of independent claim 1 on appeal, it is the substance of the nature of the                                
               arguments presented by appellant in the brief.  From our perspective, figure 2 of                                  
               Stein shows as element 222, a push manager.  Note also, the teachings and                                          
               showings in figure 4, figures 12 through 14 (in particular figure 13) and the                                      
               teachings at column 7, lines 31 through 36; the teachings beginning at line 41 of                                  
               column 8 and the middle of column 13 to the end of the patent.  In a manner                                        
               corresponding to the disclosed and claimed invention, the server in Stein does a                                   
               pushing function such as to automatically send or otherwise permit the wireless                                    
               device to “automatically receive” information, including current mailbox content                                   
               lists.                                                                                                             
                      The nature of the information automatically pushed or sent by the server                                    
               includes a mailbox list in Stein such as shown in figure 3 according to the                                        
               preloading teachings, the showings in figure 5, figure 14 and the discussion of                                    
               element 1418 at column 17, lines 1 through 15.  The ability of the system to                                       
               operate overall in a wireless environment with scroll and select capabilities has                                  
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