Appeal 2007-0148
Application 10/964,939
Claims 17-21
Independent claim 17 is argued to recite the particular heuristics for
choosing the messaging engine:
. . . the means for selecting choosing, as the messaging engine:
if a recipient user indicates he is in a meeting, email;
if the recipient user indicates he is actively at work,
instant messenger; and
if the message includes multimedia, multimedia
messaging services; and
means for formatting the message from the sender computer as
appropriate for use with the messaging engine selected by the means
for selecting, for transmission thereof to the recipient computer using
the messaging engine selected by the means for selecting.
The Examiner refers to paragraphs 10, 30, 39 and 79 of Hullfish
(Final Rejection 9).
Appellants argue that paragraphs 10, 30, 39, and 79 relied upon by the
Examiner do not teach the particular heuristics (Br. 6). Appellants note that
the Examiner does not address this argument in the Answer (Reply Br. 3).
We do not find these specific steps in Hullfish in paragraphs 10, 30,
39 and 79 or elsewhere. Accordingly, the rejection of claims 17-21 is
reversed.
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