Ex Parte Nixon et al - Page 3


               Appeal 2007-1355                                                                             
               Application 09/735,499                                                                       
                            determining from the stored message status information which                    
                      messages in said messaging system are new and for which a                             
                      notification has not been cleared;                                                    
                            presenting, to a user by said message notification means, a list                
                      of message notifications associated with only those messages                          
                      determined to be new and for which a notification has not been                        
                      cleared via a user interface; and                                                     
                            permitting said user to select a particular message notification                
                      from said list for manipulation.                                                      

                                            THE REFERENCES                                                  
                      Helfman   US 6,396,513B1  May 28, 2002                                                
                                                                   (filed May 14, 1996)                     
                      Sylvan   US 5,943,055  Aug. 24, 1999                                                  

                                            THE REJECTIONS                                                  
                      Claims 1, 2, 4, 5, 7, 8, and 12-20 stand rejected under 35 U.S.C.                     
               § 102(e) as being anticipated by Helfman.                                                    
                      Claims 3, 6, and 9-11 stand rejected under 35 U.S.C. § 103(a) as being                
               unpatentable over the teachings of Helfman in view of Sylvan.                                
                      Rather than repeat the arguments of Appellants or the Examiner, we                    
               make reference to the Briefs and the Answer for the respective details                       
               thereof.                                                                                     
                                         Claims 1, 7, 8, and 12-20                                          
                      We consider first the Examiner’s rejection of claims 1, 7, 8, and 12-20               
               as being anticipated by Helfman.  Since Appellants’ arguments with respect                   
               to this rejection have treated these claims as a single group which stand or                 
               fall together, we will select independent claim 14 as the representative claim               

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