Ex Parte SWIFT et al - Page 2



         Appeal No. 2004-0505                                                       
         Application No. 09/338,812                                                 

              The claimed invention relates to a system and method for              
         automatically assessing the data transmission performance of a             
         communications network.  Information regarding a user’s tolerance          
         for data lost by the network along with historical information             
         related to the performance of a plurality of network parameters is         
         obtained.  The historical information is automatically analyzed in         
         view of the user’s tolerances and a recommendation to change the           
         committed information rate (CIR) of the communication network to a         
         specific value based on the analysis is calculated and displayed to        
         the user.                                                                  
              Claim 1 is illustrative of the invention and reads as follows:        
         1.  A system for automatically assessing the data transmission             
         performance of a communication network having at least two                 
         communication devices and a network management system, the system          
         comprising:                                                                
              means for obtaining information regarding a user’s tolerance          
         for data lost by the network;                                              
              means for retrieving historical information regarding a               
         plurality of network performance parameters, said historical               
         information being collected and stored by the network management           
         system;                                                                    
              means for analyzing said tolerance information and said               
         historical information;                                                    
              means for calculating a recommendation to change the committed        
         information rate (CIR) of the communication network to a specific          
         value based on the analysis of the analyzing means; and                    

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