Appeal 2007-0148
Application 10/964,939
Hullfish relates to the delivery of an electronic message addressed to a
telephone number in a computer environment (¶ 0002). Hullfish describes
that a dynamic message control server 208 receives a Short Message
Services (SMS) text message from an originator 202 and decides whether to
forward the SMS text message as an SMS text message through the SMS
server 204 or as an Instant Messenger (IM) message to destination receivers
214, 216 (¶¶ 0029-0035). The SMS system and the IM system are two types
of "messaging engines"; compare Appellants' SMS engine 32 and
IM engine 36 in Appellants' Figure 1. The dynamic message control
server 208 maintains a database of information to map the telephone
numbers for the SMS message to corresponding IM identifiers and user
preferences, which are used to route the SMS messages (¶ 0036). Thus,
Hullfish discloses "determining which messaging engine to use from a
plurality of messaging engines available to the dispatch server."
The issue is whether Hullfish determines which messaging engine "at
least in part is based on message content." Hullfish describes that "[i]n one
example, the determination of whether or not to forward [as an instant
message] is further based on source information of the electronic message,
such as: a source address of the electronic message, a user name of a sender
of the electronic message, a telephone number of a sender of the electronic
message, or an instant message identifier of a sender of the electronic
message" (¶ 0011). This is later described as selectively forwarding SMS
text messages according to its source information of the electronic message
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