Appeal No. 2004-0716 Page 9
Application No. 09544,275
the specification are not to be read into the claims. In re
Etter, 756 F.2d 852, 858, 225 USPQ 1, 5 (Fed. Cir. 1985).
We find that the claim language of claim 1 encompasses two
distinct states of operation, an active state where a maximum
bandwidth is granted for transmitting data, and a minimal
activity state that grants a minimal bandwidth when the station
is on-hold.
Sawyer discloses a system for monitoring bandwidth usage in
a telecommunication system by measuring the amount of bandwidth
through periodic instantaneous bandwidth measurements (col. 2,
lines 12-14). In the system of Sawyer, the bandwidth use varies
during the course of a call (col. 1, lines 56-57). Little
bandwidth is needed during times of silence (col. 1, lines 62-63)
or to maintain the communication over the communications link
when packets are not being transmitted (col. 4, lines 41-45),
while a greater amount is needed when packets are being
transmitted (col. 4, lines 17-21). Sawyer measures this amount
of bandwidth use through periodic instantaneous measurements
(col. 2, lines 12-14). These periodic measurements are used to
determine the maximum amount of bandwidth used during a
predetermined time interval (col. 5, lines 36-42). A periodic
instantaneous measurement made during a time interval is labeled
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