Ex Parte Ruse et al - Page 3

                Appeal 2007-0374                                                                              
                Application 09/891,167                                                                        


                                          B. ILLUSTRATIVE CLAIM                                               
                      Claim 1, which further illustrates the invention, follows:                              
                      1. A method for forwarding messages, comprising:                                        
                             monitoring locations of responses to incoming messages                           
                      along with the time of day and day of week;                                             
                             storing each response along the associated time of day                           
                      and day of week in a database;                                                          
                             performing a statistical trend analysis on a user basis to                       
                      determine a probability of contacting the user for a given time                         
                      of day and day of week at a given location;                                             
                             storing in a trend analysis table the result of the statistical                  
                      trend analysis performed; and                                                           
                             transferring incoming messages to the location in the                            
                      trend analysis table with the highest probability of contacting                         
                      the user.                                                                               

                                                C. REJECTION                                                  
                      Claims 1-18 stand rejected under 35 U.S.C. § 103(a) as obvious over                     
                U.S. Patent No. 6,405,035 ("Singh") and U.S. Patent No. 6,028,514                             
                ("Lemelson").                                                                                 

                                                  II. ISSUE                                                   
                      "Rather than reiterate the positions of parties in toto, we focus on the                
                issue therebetween."  Ex Parte Filatov, No. 2006-1160, 2007 WL 1317144,                       
                at *2 (B.P.A.I. 2007).  The Examiner admits, "Singh does not disclose                         
                monitoring when and where a response is transmitted due to the incoming                       
                message."  (Answer 10.)  He finds, however, "Lemelson taught the concept                      


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