Ex Parte TOGA - Page 6


          Appeal No. 2003-0425                                                        
          Application 08/773,692                                                      
          Appellant argues that neither Baker nor Dascalu teaches                     
          restricting access to certain resources based on (1) the type of            
          communication protocol and (2) the type of protocol commands                
          exchanged between the first and second networks.  Appellant also            
          argues that neither Baker nor Dascalu teaches that restricting              
          access is dynamically based on environmental changes.  Appellant            
          argues that the examiner has failed to provide a proper                     
          motivation for combining the teachings of Baker and Dascalu                 
          [brief, pages 7-13].                                                        
               The examiner responds that Baker teaches restricting access            
          based on protocol and that Baker teaches dynamic restricting such           
          as restrictions based on certain resources, ratings and time of             
          day.  The examiner also responds that protocol commands are                 
          associated with protocols and are inseparable.  Thus, the                   
          examiner finds that restricting access based on protocols                   
          necessarily includes the associated protocol commands [answer,              
          pages 11-13].                                                               
               Appellant responds that restricting access based on                    
          determination of a specific protocol as taught by Dascalu does              
          not include restricting access based on protocol commands as                
          claimed.  Appellant argues that the examiner’s findings are                 
          tantamount to a reliance on inherency which is improper [reply              
          brief].                                                                     
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