Appeal No. 2004-0716 Page 10
Application No. 09544,275
Tm (col.6, line 22), if this is greater than the current maximum
that has been measured for this interval (Tmax), then Tmax is set
to Tm (col. 6, lines 24-28). At the end of the communication,
these Tmax amounts for each interval are summed to arrive at the
total bandwidth used (col. 6, lines 47-54).
From our review of Sawyer, we agree with the examiner
(answer, page 3-4) that Sawyer teaches a telecommunications
system providing a means for connecting a plurality of stations
through communication channels. We also agree with the examiner,
based on the disclosure of Sawyer regarding the minimal amount of
bandwidth needed during times of silence, that Sawyer teaches a
means for detecting an on-hold condition in the connecting
channels, and means responsive to the detection of an on-hold
condition.
However, we disagree with the examiner that Sawyer teaches a
bandwidth monitoring system with two distinct states, an active
state that grants a maximum bandwidth, and a minimal activity
state that grants a minimal bandwidth. Although Sawyer discloses
that bandwidth use will vary from a small or minimal amount to
larger amounts, we find these are not recognized as distinct
states. The use of two distinct states allows the appellants
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