Appeal No. 2002-2081
Application 09/304,188
Representative claim 1 is reproduced as follows:
1. A method for alleviating congestion in a communication
network, the communication network enabling the flow of data to
and from a plurality of end user devices that are connected to
the network through a plurality of communication devices, the
method comprising the steps of:
monitoring data flows to and from the plurality of end
user devices for indications of congestion; and
controlling the data rate of at least one end user
device in response to said congestion indications.
The examiner relies on the following reference:
Shimony et al. (Shimony) 5,898,669 Apr. 27, 1999
Claims 1-19 stand rejected under 35 U.S.C. § 102(e) as
being anticipated by the disclosure of Shimony.
Rather than repeat the arguments of appellants or the
examiner, we make reference to the briefs and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the evidence
of anticipation relied upon by the examiner as support for the
rejection. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellants’
arguments set forth in the briefs along with the examiner’s
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