Ex Parte MAWHINNEY et al - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication and is not                       
               binding precedent of the Board.                                        
                                                       Paper No. 13                   
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  ________________                                    
                Ex parte TED NODINE MAWHINNEY, and JEFFREY DON DAVIS                  
                                  ________________                                    
                                Appeal No. 2002-2081                                  
                               Application 09/304,188                                 
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    
          Before JERRY SMITH, BLANKENSHIP, and SAADAT, Administrative                 
          Patent Judges.                                                              
          JERRY SMITH, Administrative Patent Judge.                                   


                                                                                     
          This is a decision on the appeal under 35 U.S.C. § 134                      
          from the examiner’s rejection of claims 1-19, which constitute              
          all the claims in the application.                                          
          The disclosed invention pertains to a method and                            
          apparatus for alleviating congestion in a communication network.            
          A particular feature of the invention is that the data flow rate            
          is controlled at the end user device in response to a congestion            
          condition.                                                                  

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