Ex Parte Sollee - Page 10

                 Appeal 2007-1063                                                                                      
                 Application 09/881,594                                                                                

                 MAPI client for the duration of that session (FF 7). Thomas may fairly be                             
                 interpreted to teach that one may select an interval between communication                            
                 sessions short enough that the path between client and server would never be                          
                 dropped. We therefore find that the Examiner did not err in rejecting claims                          
                 33, 34, 38 and 39 under 35 U.S.C. § 102.                                                              
                                        Rejection under 35 U.S.C. § 103(a)                                             
                        With regard to claims 5 and 6, Appellant argues that the Examiner has                          
                 not provided any objective evidence to support his conclusion that it would                           
                 have been obvious to modify Thomas to include sending a Session Initiation                            
                 Protocol (SIP) REGISTER message as taught by Roach (Br. 9:18-20).                                     
                 Appellant further states that “Thomas relates to the initiation of                                    
                 communications sessions by a MAPI client with a MAPI server to enable the                             
                 MAPI client to receive electronic mail, calendar items, and task items from                           
                 the MAPI server” (Br. 9:20-22), and that “substituting the SIP messages into                          
                 the system of Thomas would likely render Thomas inoperable for its                                    
                 intended purpose, since SIP generally is used for establishing … telephony                            
                 voice call sessions or multimedia call sessions” (Br. 10:10-13). We do not                            
                 agree that Thomas’s intended purpose is so limited. Thomas discloses that                             
                 “[i]n an embodiment of the invention, an extension to a client software                               
                 application is provided that can enable use of the client with a server across                        
                 a network that includes such a firewall or gateway” (FF 4; para. [0014]).                             
                 One of Thomas’s embodiments does involve electronic mail, but Thomas is                               
                 careful to state that the examples recited (electronic mail messages, calendar                        
                 items, task items) are “without limitation” (para. [0018]). The Examiner                              
                 stated that the skilled artisan “would have been motivated to [modify                                 


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