Appeal No. 09/349,477 Page 7
Application No. 2003-1923
Here, the appellant's specification discloses that "packet header field
information 700 . . . can be used to identify IP flows and the QoS requirements of the IP
flows." (Spec. at 99.) "Specifically, IP header fields 702 can include, e.g., source and
destination IP addresses, helpful in providing application aware preferential resource
allocation; IP type of service (TOS), a useful field for assisting PRIMMA MAC in
classifying a packet or IP flow; IP time to live (TTL), a useful field for anticipating
application packet discards; and protocol fields which can be used in identifying IP
flows." (Id.) By explaining that data contained in fields of a packet can be used to
identify QoS requirements, the specification evidences that the first dictionary definition,
viz., "[s]omething contained in a receptacle," is most consistent with the appellant's use.
Giving the term "contents" its ordinary meaning in view of the specification, therefore,
the limitations require determining in real-time allocations of a wireless bandwidth and
of system resources based on the data contained in packets to be communicated over
a wireless communication medium.
2. OBVIOUSNESS DETERMINATION
Having determined what subject matter is being claimed, the next inquiry is
whether the subject matter would have been obvious. "In rejecting claims under 35
U.S.C. Section 103, the examiner bears the initial burden of presenting a prima facie
case of obviousness." In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956
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