Appeal No. 2001-1626
Application No. 09/007,622
video files. If a requested video in its entirety is present in local cache 15, VDMS 12
allows real time playback of the video file to the user station over LAN 16. If only an
initial portion (or “preface”) of a video file is present in cache 15, then VDMS 12 allows
playback of the preface of the video file to the user over LAN 16 while the remainder of
the video file is transferred to local cache 15, effecting a “speed match” playback.
Greenwood further describes, in column 5, lines 10 through 50, determining whether
the bandwidth available for WAN 13 (and the storage capacity of the local cache) is
sufficient to transmit a video file from library 11 to a local cache in sufficient time to
meet a video playback schedule requested by a user.
Miller describes (Fig. 1) a network resource scheduler 10 that communicates with
content sources 12, 14 over network 24 and schedules data transmission from the
content sources to replicated servers 16, 18, 20. Data delivered to the replicated
servers can be retransmitted to subscribers (221, 222, 223, ..., 22N) over further networks
(26, 28). Network resource scheduler 10 determines whether data transmission from
content sources to particular replicated servers can be completed by a delivery time
requested by the content sources. Col. 4, ll. 34-58.
Although the rejection as set forth in the Answer points to various elements in the
references which are deemed to correspond to features in the instant claims, we find
ourselves, after careful consideration of the examiner’s position and extensive review of
the references, substantially in agreement with appellants’ position set forth at pages 6
and 7 of the Reply Brief. In our view, Greenwood is directed to providing information
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