Ex Parte Le et al - Page 3

                Appeal 2006-3371                                                                               
                Application 09/834,918                                                                         
                      Appellants contend that Walrand neither teaches nor would have                           
                suggested an IP data header that comprises a list of at least one intermediate                 
                node to be visited on the way to the destination apparatus (Br. 7).                            
                      We reverse.                                                                              
                                                   ISSUE                                                       
                      Does Walrand describe an IP data header that identifies at least one                     
                intermediate node that is visited on the way to the destination node?                          
                                           FINDINGS OF FACT                                                    
                      The IP data header disclosed and claimed by Appellants includes a list                   
                of at least one intermediate node to be visited on the way to the destination                  
                apparatus.                                                                                     
                      Walrand describes a method of classifying IP data that is sent from a                    
                source apparatus to a destination apparatus in a packet switched network                       
                (Fig. 2, Col. 2, ll. 32-36).  When an IP data packet is received at a node, the                
                data is classified based on an entry in the header (Col. 2, ll. 32-46).  While at              
                the node, the IP data packet consults a routing table to determine the next                    
                node to receive the packet in route to the address of the destination apparatus                
                (Col. 3, ll. 54-58).                                                                           
                                           PRINCIPLE OF LAW                                                    
                      Anticipation is established when a single prior art reference discloses                  
                expressly or under the principles of inherency each and every limitation of                    
                the claimed invention.  Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342,                         
                1347, 51 USPQ2d 1943, 1946 (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475,                      
                1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).                                                




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