Ex Parte Curry et al - Page 2


               Appeal 2006-2828                                                                             
               Application 09/683,995                                                                       
                                            THE INVENTION                                                   
                      The disclosed invention relates generally to messaging programs, such                 
               as email messaging programs, and more particularly to such programs that                     
               have built-in video and/or audio media recording and/or playback                             
               capabilities (Specification 1).                                                              
                      Representative claim 1 is illustrative:                                               
                            1. A system comprising:                                                         
                            a network;                                                                      
                            a first client having a first email messaging program installed                 
                      thereon on which a composing user composes a message and records                      
                      media, the first email messaging program sending the message to a                     
                      receiving user over the network; and,                                                 
                            a second client having a second email messaging program                         
                      installed thereon on which the receiving user receives the message                    
                      over the network, the second email messaging program playing back                     
                      the media upon the user viewing the message.                                          
                                         THE REFERENCE                                                      
                      The Examiner relies upon the following reference as evidence of                       
               anticipation:                                                                                
               Budge   US 6,564,248 B1   May 13, 2003                                                       

                                            THE REJECTION                                                   
                      The following rejection is on appeal before us:                                       
                      1. Claims 1-24 stand rejected under 35 U.S.C. § 102(e) as being                       
                         unpatentable over the teachings of Budge.                                          



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