Ex Parte HE - Page 4




          Appeal No. 2002-0874                                                        
          Application 09/124,278                                                      


                                     References                                       
               The references relied on by the Examiner are as follows:               
               Varma et al. (Varma)     5,959,993      Sep. 28, 1999                  
          (Filing date Sep. 13, 1996)                                                 
               Chao, “An ATM Queue Manager Handling Multiple Delay and Loss           
          Priorities” IEEE 1995, pp. 652-659.                                         
                                 Rejection at Issue                                   
               Claims 1 through 32 stand rejected under 35 U.S.C. § 103 as            
          being unpatentable over Varma in view of Chao.                              
               Throughout the opinion, we make reference to the briefs1 and           
          answer.                                                                     
                                   OPINION                                            
               With full consideration being given to the subject matter on           
          appeal, the Examiner’s rejection and the arguments of the                   
          Appellant and the Examiner, for the reasons stated infra, we                
          reverse the Examiner’s rejection of claims 1 through 32 under               
          35 U.S.C. § 103.                                                            






               1  Appellant filed an appeal brief on June 29, 2001.                   
          Appellant filed a reply brief on January 23, 2002.  The Examiner            
          mailed an Office Communication on April 5, 2002, stating that the           
          reply brief has been entered.                                               
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