Ex Parte HE - Page 8




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


          or removed from the individual queues, WFQ is not the same as the           
          weighted queue length of the claimed invention.  See pages 3 and            
          4 of Appellant’s reply brief.                                               
               The Examiner argues that Varma does teach weighted queue               
          lengths as claimed.  In particular, the Examiner points us to               
          column 7, lines 45 through 67.  See pages 8 and 9 of the                    
          examiner’s answer.                                                          
               Upon our review of Varma, and in particular column 7, lines            
          45 through 67 of Varma, we fail to find that Varma teaches                  
          Appellant’s claimed weighted queue length for each of the said              
          plurality of queues being a function of type of data in the queue           
          and the amount of data in the queue as recited in Appellant’s               
          claims.  Varma teaches that a queue assigned a priority of zero             
          will have a greater priority than a queue assigned a priority of            
          one.  Furthermore, Varma discloses that the controller 38 chooses           
          the first priority group starting from zero for transmission.               
          The controller 38 implements Round-Robin within priorities.  From           
          our review of Varma, we fail to find that Varma teaches                     
          Appellant’s claimed weighted queue length for each of plurality             





                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007