Appeal No. 2002-1513
Application No. 08/829,587
transmission using the reliable network protocol is not
persuasive because at column 4, lines 66 through column 5, line
38, the reference teaches buffering which permits a limited
number of received packets to be temporarily stored prior to
being transmitted. See especially column 5, lines 1-3. This
storage of packets is done during both fast (unreliable) and slow
(reliable) data transmission because the system monitors whether
or not excessive network congestion is present. See especially
lines 14-17 of column 5.
Claims 13, 14 and 17, each of which depends directly from
independent claim 9, are not separately argued by appellant,
indicating how they define appellant’s invention over the prior
art. Accordingly, claims 13, 14 and 17 fall with claim 9. In re
Nielson, 816 F.2d 1567, 2 USPQ2d 1525 (Fed. Cir. 1987).
Claim 2
We will sustain the rejection of claim 2. Appellant’s
argument that Hluchyj fails to teach the step of collecting
packets of data as generated by data communications once the data
communications are routed through a reliable network service to
accumulate a pre-defined number of packets while using the
reliable network protocol is unpersuasive essentially for the
reason we will sustain the rejection of claims 9 and 18. When
-5–
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