Ex Parte UPADRASTA - Page 2




          Appeal No. 2002-1513                                                        
          Application No. 08/829,587                                                  


          1.  A method for increasing reliability of data                             
          communications based on a quality of service of said                        
          communications, said method comprising:                                     
          determining if said quality of service is inadequate based                  
          upon a threshold;                                                           
          routing and buffering data communications, if said quality                  
          of service is determined to be inadequate, using a reliable                 
          network protocol; and                                                       
          routing data communications using a non-reliable network                    
          protocol if quality of service is determined to be adequate.                

          The reference relied upon by the examiner is:                               
          Hluchyj et al. (Hluchyj)       5,115,429         May 19, 1992               


          Claims 1, 2, 4-10 and 12-19 stand rejected under 35 U.S.C.                  
          § 102(b) as anticipated by Hluchyj.                                         
          The respective positions of the examiner and the appellant                  
          with regard to the propriety of this rejection are set forth in             
          the examiner’s answer (Paper No. 16) and the appellant’s brief              
          and reply brief (Paper Nos. 15 and 17, respectively).                       
          Appellant’s Invention                                                       
          Appellant’s invention is adequately described at page 5 of                  
          the brief.                                                                  
          The Prior Art                                                               
          The invention of Hluchyj is adequately described in the                     
          paragraph bridging pages 5 and 6 of the brief.                              

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