Ex Parte SurfControl, Inc. et al - Page 19



                Appeal No. 2006-1084                                                                          
                Reexamination Control No. 90/006,334                                                          

           1    process, as a data packet is not forwarded to the destination node unless and                 
           2    until it has first been screened by the filtering scheme.                                     
           3          Stevens is relied on by the Examiner to show the details of                             
           4    conventional TCP/IP (Transmission Control Protocol/Internet protocol) and                     
           5    does not make up for the deficiencies of the Abraham as discussed above.                      
           6                           The Anticipation Rejection of                                          
           7                          Claims 1-9 and 11-18 over Engel                                         
           8                                                                                                  
           9          As is in the case of the anticipation rejections over Abraham and                       
          10    Cirasole, in the case of the alleged anticipation by Engel, the Examiner has                  
          11    failed to establish that Engel discloses assembling of data packets to form a                 
          12    multi-packet communication to which is then applied the access rules (claim                   
          13    1) for controlling access or the information content of which is used for                     
          14    applying an access rule (claims 11 and 15).   According to the Examiner, the                  
          15    sending of a discrete transmission or communication in multiple data                          
          16    packets and the subsequent collection and assembly of the separate packets                    
          17    to reform the original transmitted message is conventional in the art.  It is,                
          18    and the Patent Owner agrees with that assessment.   But it cannot be taken                    
          19    out of context.  For receiving the entire transmission at the destination node,               
          20    it is conventional and common place to reassemble the separately                              
          21    transmitted data packets into the original multi-packet communication.                        
          22    That, however, is not what the claim feature in dispute is about.  The                        
          23    invention claimed is about controlling network access by applying an access                   
          24    rule to an assembled multi-packet communication (claim 1) or information                      
          25    content acquired from an assembled multi-packet communication (claims 11                      


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