Ex Parte BENMOHAMED et al - Page 2




          Appeal No. 2002-2288                                                        
          Application No. 09/198,727                                                  
          claims on appeal.  Note 37 CFR §1.192(c)(7); see also In re Dance,          
          160 F.3d 1339, 1340 n.2, 48 USPQ2d 1635, 1636 n.2 (Fed. Cir.                
          1998); In re King, 801 F.2d 1324, 1325, 231 USPQ 136, 137 (Fed.             
          Cir. 1986); In re Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed.          
          Cir. 1983).  Claim 1 reads as follows:                                      
               1.  A processor-based method for designing a packet-based              
          communications network, comprising the steps of:                            
               computing a pair of link capacity values for each link to be           
          included between nodes in a topology of the packet-based                    
          communications network, the link capacity values representing an            
          upper bound and a lower bound of a link capacity range based on a           
          set of flow demands, a round trip delay and a link congestion               
          scenario associated with at least one connection requirement; and           
               outputting the link capacity values for selection of the               
          value at or within the upper and lower bounds for each link, which          
          substantially satisfies the at least one connection requirements,           
          for specification in the network topology.                                  
                                    The References                                    
               No references are cited against the pending claims.                    
                                     The Rejection                                    
               Claims 1-42 stand rejected under 35 U.S.C. § 112, first                
          paragraph, as containing subject matter which was not described in          
          the specification in such a way as to enable one skilled in the             
          art to which it pertains, or with which it is most nearly                   
          connected, to make and/or use the invention.                                
                                     The Invention                                    
               The invention relates to a method and apparatus for designing          
          packet-based networks and specifically for designing internet               


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