Ex Parte UPADRASTA - Page 4




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


          conventions used to communicate data at the low data rate, which            
          prevents and eliminates congestion, and the non-reliable network            
          protocol is the set of conventions used to communicate data at              
          the high data rate, which causes congestion.  We note that at               
          column 1, lines 27-31, the reference teaches that congestion                
          causes voice quality degradation due to the discarding of data              
          packets and increased packet delay time.                                    
          Claims 9, 13, 14, 17 and 18                                                 
          After consideration of the positions and arguments presented                
          by appellant with respect to the group of claims consisting of              
          claims 9, 13, 14, 17 and 18, we have concluded that the rejection           
          should be sustained.  We agree in general with the comments made            
          by the examiner.  Appellant’s argument that Hluchyj fails to                
          provide any teachings or suggestions relevant to the claim                  
          limitations of independent claims 9 and 18 requiring “routing               
          data through a reliable network protocol when directed by a                 
          quality of service agent and otherwise routing the data through a           
          non-reliable network protocol” has been answered, above, with               
          respect to our decision to sustain the rejection of claims 1 and            
          19.  The argument regarding claims 9 and 18 that Hluchyj fails to           
          provide any teachings or suggestions relevant to the storage of a           
          specified or predefined number of data packets during                       

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