Ex Parte MAUGER et al - Page 7



          Appeal No. 2004-0852                                                        
          Application No. 09/354,651                                 Page 7           

          routed from the source to the destination over a path which is              
          available in order to route the packet from the source to the               
          destination during the data phase.                                          
               Appellants respond (reply brief, page 2) that in Rekhter,              
          upon receipt of a packet, the tags are utilized to determine                
          which router to forward the packet to.  Appellants add (id.) that           
          the CEs, which connect the customer private network sites via the           
          operator network have no knowledge and do not need to have any              
          knowledge of the tags that are employed in the routers of the               
          operator network.                                                           
               From our review of the entire record, we find that in                  
          Rekhter, the transit routers base their routing decisions on                
          packet fields that the transit (P) routers interpret without                
          reliance on virtual private network (VPN) specific routing                  
          information (col. 3, lines 59-65).  In describing one way to tag            
          a packet, Rekhter discloses that different link-level protocols             
          may be employed.  An example of a protocol is a point-to-point              
          protocol.  Links in the IEEE 802 protocol family are similar to             
          the Ethernet protocol.  If the links connecting CE2 to PE2 are              
          Ethernet links, the link-layer frame takes the form of figure 2's           
          top row, consisting of a link-level payload encapsulated by an              
          Ethernet header and trailer.  The Ethernet trailer consists of              





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