Ex Parte Grande et al - Page 5



             Appeal 2007-0789                                                                                  
             Application 09/810,063                                                                            

             5.    According to the fourth step, in response to the third step, the user computer              
             receives a response packet from the second computer with the written high priority                
             header.                                                                                           
             6.    The fifth step involves a billing computer associated with the network                      
             service provider which calculates a usage amount that includes an amount of time                  
             the user computer uses the priority network.                                                      

             Scope and content of the prior art                                                                
                   Odlyzko                                                                                     
             7.    Odlyzko is directed to a method for regulating “traffic over a packet                       
             switched network in a way that fairly prioritizes the traffic without unfairly                    
             penalizing low priority traffic … .” (Odlyzko, col. 2, ll. 50-53).                                
             8.    The Examiner found:                                                                         
                          As for Claim 1, Odlyzko discloses a method for providing priority                    
                   network service, comprising:                                                                
                          determining, by a network service provider, that a user computer                     
                   system has requested priority network service (col. 6, lines 45-46; col. 7,                 
                   lines 16-21; Figs. 1-3);                                                                    
                          writing, by the network service provider, a high priority header to one              
                   or more packets originating from the user computer system, in response to                   
                   the determining (see Fig. 3 for the header and precedence (85); col. 6, lines               
                   38-42);                                                                                     
                          sending the one or more packets with the high priority header from the               
                   user computer system to a second computer system connected to a computer                    
                   network (said packets, for which said high priority headers are written, are                
                   transmitted over the network between users’ terminals; Fig. 1, items 10, 50,                
                   52 and 54);                                                                                 
                          receiving, by the user computer system, a response packet from the                   
                   second computer system, wherein the response packet includes the high                       
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