Ex Parte CHAPMAN et al - Page 2



                    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).                                                                                                                
                                                                                    22                                                                                    




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