Ex Parte HE - Page 7




          Appeal No. 2002-0874                                                        
          Application 09/124,278                                                      


          or removed.  Appellant argues that the Varma patent does not                
          teach or suggest weighted queue lengths as recited in Appellant’s           
          claims.  See pages 9 and 10 of the brief.                                   
               Appellant further argues that, unlike WFQ systems,                     
          Appellant’s system using the weighted queue length concept of the           
          present invention permits the weighted queue length of individual           
          queues to change as data packets are added or removed from the              
          individual queues.  Appellant argues that this definition of                
          weighted queue lengths is clearly supported in the specification            
          at page 6, line 22 through page 7, line 13, which states:                   
               A weighted queue length is maintained for each connection              
               queue stored in the buffer.  When a data packet associated             
               with a particular connection arrives at the network node,              
               the data packet is stored in the associated connection queue           
               and the weighted queue length of the connection queue is               
               incremented by an amount equal to the weight assigned to the           
               traffic class of the connection.  Similarly, when a data               
               packet associated with a particular connection departs from            
               the network node, the data packet is removed from the                  
               associated connection queue and the weighted queue length of           
               the connection queue is decremented by an amount equal to              
               the weight assigned to the traffic class of the connection.            
               . . . When a new data packet arrives and finds that the                
               shared memory buffer is full, the connection queue having              
               the largest weighted queue length is selected and a data               
               packet is removed from that connection queue.                          
          Appellant argues that accordingly, since the weights of the                 
          individual queues in WFQ systems do not change as data is added             



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