Appeal No. 2002-1513
Application No. 08/829,587
control message causing the system to resort to the slow,
reliable mode of data transmission.
We will not sustain the rejection of claims 7 and 12. The
examiner relies on the disclosure of Hluchyj at column 7, lines
25-57, as anticipating the limitation of claims 7 and 12 of
advising a user that quality of service is inadequate. The
examiner has not explained what disclosure in the above text
meets this function, and we have found no teaching in the
reference, either in the portion of Hluchyj relied on by the
examiner or anywhere else in Hluchyj, of advising a user that
quality of service is inadequate.
Claim 6
We will not sustain the rejection of claim 6. Among other
things, claim 6 requires collecting statistics regarding rate of
packet loss. In contrast, Hluchyj teaches three alternatives.
They are measuring a packet queue, measuring a packet rate, and
counting the number of calls in talkspurt. Hluchyj does not
specifically teach collecting statistics regarding rate of packet
loss. The examiner’s position at page 6 of the answer that rate
of data is understood as packets with an empty data is not
explained, and appears to have no basis in fact. There is simply
-7–
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