Appeal No. 2002-1797
Application 09/129,38
First, the examiner relies on Lipa's statement that "once
the user is in the selected area, additional network performance
assessment is performed to obtain a more accurate measurement of
the quality of the user's connection to the specific arena, with
respect to the particular requirements of that arena" (emphasis
added) (col. 8, lines 10-13).
Appellants argue that the "additional network performance
assessment" is performed after a given user enters an arena and
the result of the access control evaluation is to grant or deny
access to the game (Br4; RBr3). It is argued that there is no
support for the examiner's statement that the "additional network
performance assessment" is an ongoing assessment (RBr3-4).
There may be some support for the examiner's finding that
the "additional network performance assessment" is ongoing in the
latency history graphs of Figs. 7 and 8 ( see col. 10,
lines 37-56), although this is not pointed out by the examiner.
However, the important thing is that there is no "adjusting" of
anything in response to the performance assessment, much less
"dynamically adjusting" anything: the "additional network
performance assessment" is just a measurement taken once the user
is in the selected arena. The examiner conspicuously fails to
point out what is being dynamically adjusted in response to the
measurement.
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