Ex Parte Vigil et al - Page 7

                 Appeal 2007-2343                                                                                        
                 Application 09/928,856                                                                                  

                 specially flagged text replaced by the dispatcher or are “filled with data by                           
                 the client or agent, which are software modules, but not the same as the                                
                 claimed “users” (id.).                                                                                  
                        Appellants further contend that one of ordinary skill in the art would                           
                 not combine Martin’s tokens in Puskala since Puskala’s intention is to                                  
                 prevent interruptions to multi-player gameplay by using entirely predefined                             
                 messages instead of tokens (Br. 11-16).  Appellants argue that Puskala                                  
                 teaches away from entering message text during gameplay because typing                                  
                 on a numeric pad for entering text slows the process and is contrary to the                             
                 direction the invention of Puskala takes (id.).                                                         
                        The Examiner argues that Martin actually allows input from a user on                             
                 the device (¶ 0075-0077), which replaces the placeholder token if more                                  
                 information is needed (Answer 16-17).  The Examiner concludes that,                                     
                 contrary to Appellants’ assertion, the user, as well as the client or dispatcher,                       
                 may enter text to edit the token text (Answer 18).  With respect to                                     
                 combinability of Puskala with Martin, the Examiner argues that the same                                 
                 reason Puskala considers predefined messages advantageous during                                        
                 gameplay, makes Martin’s use of tokens in text messaging desirable                                      
                 (Answer 19).  The Examiner adds that using tokens further minimizes text                                
                 editing or entering the entire message when the messages need to be                                     
                 modified and therefore, its combination with predefined messages of                                     
                 Puskala would have been obvious to one of ordinary skill in the art (Answer                             
                 19-21).                                                                                                 




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