Ex parte DIEDRICH et al. - Page 5




          Appeal No. 1996-3273                                                        
          Application 08/127,932                                                      


          3-4].  Appellants argue that Blasbalg does not show or suggest              
          the transferring of multimedia data and non-multimedia data to              
          the transmission queue of the sending station in response to                
          both the determined availability of the transmission queue and              
          the multimedia pacing requests [brief, pages 7-9].  The                     
          examiner responds that Blasbalg teaches a method of pacing by               
          changing the size of the packet, which according to the                     
          examiner, is equivalent to changing the window size of the                  
          data [answer, page 6].                                                      
          We agree with appellants.  Blasbalg teaches transferring                    
          data between a sending station and a receiving station based                
          on a                                                                        


          single factor.  That single factor is the traffic load                      
          condition                                                                   
          of the network.  In other words, when the traffic flow rate in              
          the network increases, the size of data packets transmitted                 
          also increases.  Likewise, the size of data packets in                      
          Blasbalg decreases when the traffic flow rate decreases.  This              
          single factor in Blasbalg has nothing to do with the                        
          availability of a transmission queue in the sending station.                

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