Ex Parte Grande et al - Page 26



             Appeal 2007-0789                                                                                  
             Application 09/810,063                                                                            

             specified.                                                                                        

                          In an alternative embodiment of the present invention, the user is not               
                   restricted to a single logical channel for all communications. Instead, each                
                   application communicating over the network is capable of specifying a                       
                   logical channel. In this embodiment, the operating system or the network                    
                   connection would have to select a default logical channel for applications                  
                   that are not capable of selecting a logical channel or which the user has not               
                   configured for logical channel selection.                                                   
             (Odlyzko, col. 7, ll. 8-16).                                                                      
             7.    Service requests are often sent to Internet Service Providers.                              
             8.    Claim 4 does not define the term “normal” in the phrase “a normal priority                  
             header.” The Specification provides no definition for the term. “Normal” is                       
             therefore given the plain meaning; i.e., the usual state (see Webster’s New World                 
             Dictionary 925 (3rd Ed., 1988)(definition 2. for normal).                                         

                   C. Principles of Law                                                                        
                   We incorporate herein the Principles of Law set forth in the Principles of                  
             Law section for claims 1-3, 6, 8-10, 13, and 15-17 above.                                         

                   D. Analysis                                                                                 
                   Odlyzko discloses the capability to switch channels depending on the level                  
             of quality service desired for the cost as well as the congestion level. (FF 5). One              
             of ordinary skill in the art reading this disclosure would understand that Odlyzko                
             encompasses switching from a channel for high priority service to another level of                

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