Appeal No. 2004-1703
Application No. 09/333,269
portion of Newman relied upon by the examiner in making this
argument discloses: “For the example being described, the
arriving traffic load exceeds the rate at which traffic is
removed from the queue so that the system is in saturation. When
the system is in saturation, the length of the queue grows until
it passes the threshold. BECN cells are then generated that
reduce the amount of arriving traffic” (col. 54, lines 5-10).
The examiner has not established that this disclosure that when
an arriving traffic load exceeds the rate at which traffic is
removed from the queue, the queue grows until it passes a
threshold, is a disclosure of estimating the data occupancy level
based upon a rate of passing traffic units.
The examiner argues (answer, page 5): “Newman discloses in
figure 5, 2 paths. One path going from input to output starting
at part 18-0 into part 18-01 along to part 53 which acts upon the
input 20-n and does something in part 49. One skilled in the art
can see that Newman is generating RM [reverse marker] cells on
the basis of the rate of cells from in to out.” The examiner
further argues that “[l]ooking at fig. 7, in the top part of the
figure, part 52 has an input into the selector 63 which has an
input into part 49, this also discloses ‘acting on the basis of
rate of traffic units passing from input to output.” See id.
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