Appeal 2007-0789
Application 09/810,063
A data packet is received by router 62’ and transmitted across one of
logical channels 71, 72, 73 or 74 in accordance with the channel selection. In
an embodiment of the present invention, the channel selection may be
indicated in the packet header as discussed below.
(Odlyzko, col. 6, ll. 38-42).
11. Appellants argued that “Odlyzko uses the three-bit precedence field to
designate a particular logical channel. However, this three-bit field is not
analogous to a ‛high-priority header’ as taught and claimed by Appellants.
Odlyzko’s three-bit precedence field is merely used to designate a particular
channel, which may or may not be a high priority channel.” (Appeal Br. 7).
12. Appellants further argued that “[t]he mere presence of a three-bit precedence
field does not teach or suggest “writing, by the network service provider, a high
priority header to one or more packets originating from the user computer system,”
in response to determining that a user computer system has requested priority
network service … .” (Appeal Br. 7. See also Reply Br. 2).
13. In response to Appellants’ argument regarding the second step, the Examiner
further explained that “Odlyzko explicitly discloses said feature.” (Answer 9).
Specifically, Odlyzko teaches that upon receiving a preferential
treatment (channel) request from a customer, a system designates/selects a
channel for high priority traffic. Such channel selection is indicated in the
packet header so that IP router will recognize the priority routing
(preferential treatment). Fig. 3 in Odlyzko discloses an example of said
packet header having information regarding type of service assigned to the
data packet (Fig. 3; item 85; col. 6, lines 34-52).
(Answer 9).
14. The Examiner’s further explanation relies further on col. 6, ll. 43-52, of
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