Ex Parte Wiedeman et al - Page 8



          Appeal No. 2006-0663                                   Page 8               
          Application No. 09/841,862                                                  
          combination of Forslow and Roccanova, we sustain this rejection             
          as well.  With respect to claims 2, 5, 15, and 18, we agree with            
          the Examiner (Answer, page 12) that the transmission of the                 
          indication of the selected QoS mode by the mapper controller 107            
          in Forslow to the gateway can be reasonably interpreted as a                
          “request” for the establishment of the connection, i.e., packet             
          switched (114, Figure 9) or circuit-switched (110, Figure 9) as             
          claimed.                                                                    
               Similarly, we find ample support in Forslow for the                    
          Examiner’s position that Forslow discloses the feature of higher            
          user charges for higher quality QoS as broadly set forth in                 
          dependent claims 3 and 16.  As pointed out by the Examiner                  
          (Answer, pages 4, 13, and 14), Forslow discloses (column 1, lines           
          60-62) that users are charged based on the quality of the service           
          of the transmission as well as implicitly indicating (column 17,            
          line 66) the low cost of packet-switched communications relative            
          to circuit-switched transmission.                                           
               With respect to dependent claims 4 and 17, we find no error            
          in the Examiner’s assertion (Answer, page 4) that the quality of            
          service modes discussed at column 5, lines 1-10 and column 1,               
          lines 48-51 of Forslow correspond to those enumerated in the                
          claims.  In particular, we find compelling evidence, i.e.,                  
          excerpts from Newton’s Telecom Dictionary, presented by the                 





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