Ex Parte CHAPMAN et al - Page 3



                    Appeal No. 2004-1703                                                                                                                                  
                    Application No. 09/333,269                                                                                                                            

                              Newman discloses “a method and apparatus for reactive                                                                                       
                    congestion control in an asynchronous transfer mode (ATM) network                                                                                     
                    where the network is formed by the interconnection of nodes.                                                                                          
                    Each of the nodes includes a forward path for transfer of                                                                                             
                    information from source to destination through the network and a                                                                                      
                    return path for returning explicit congestion control signals”                                                                                        
                    (col. 5, line 64 - col. 6, line 3).  Newman “employs a backward                                                                                       
                    explicit congestion notification (BECN).  When a queue exceeds a                                                                                      
                    threshold, a request is made to send congestion signals, in the                                                                                       
                    form of (BECN) cells, back to the sources of the virtual channels                                                                                     
                    currently submitting traffic to it.  On receipt of a BECN cell on                                                                                     
                    a particular virtual channel, a source reduces it[s] transmission                                                                                     
                    rate for the indicated virtual channel” (col. 6, lines 8-14).                                                                                         
                              The examiner argues that “[m]onitoring the queue length is                                                                                  
                    ‘estimating a data occupancy level (col. 54, line 8) 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 (col. 54, lines 5-                                                                                       
                    6), when the data occupancy level reaches a certain threshold                                                                                         
                    (col. 54, line 9) said control unit being operative to generate a                                                                                     
                    control signal (BECN) instrumental to cause a reduction in the                                                                                        
                    data occupancy level.’ (col. 54, line 10)” (answer, page 6).  The                                                                                     

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