Appeal No. 2004-1703 Application No. 09/333,269 1. A node for use in a data network, said node comprising: - an input for receiving traffic units from a first remote node; - an output for releasing traffic units to a second remote node; - a control unit coupled to said input for estimating a data occupancy level of at least a portion of the data network based at least on a rate of traffic units passing from said input to said output, when the data occupancy level reaches a certain threshold said control unit being operative to generate a control signal instrumental to cause a reduction in the data occupancy level. THE REFERENCE Newman 5,457,687 Oct. 10, 1995 THE REJECTION Claims 1-24 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Newman. OPINION We reverse the aforementioned rejection. Each of the appellants’ independent claims requires estimating a data occupancy level of at least a portion of a data network based at least on a rate of traffic units passing from an input to an output of a node. The appellants state that the data occupancy level is the amount of data being carried by the transport ring that interconnects the node with other nodes (specification, page 12, lines 19-20). 22Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007