Ex Parte BOUILLET et al - Page 3




              Appeal No. 2004-2127                                                               Page 3                
              Application No. 09/441,693                                                                               


              provider "must carry at least a contracted fraction of offered load (i.e., of offered stream             
              bandwidth) when the offered load lies within a contracted limit, but need only carry a                   
              specified load when the offered load exceeds the contracted limit."  (Id. at 3.)  A revenue              
              penalty is exacted for bandwidth lost while the service provider is non-compliant.  (Id.)                


                     A further understanding of the invention can be achieved by reading the following                 
              claim.                                                                                                   

                     2. A method for computing billing for at least one class of service provided                      
                     by carrying offered bandwidth between source nodes and destination                                
                     nodes of a communication network, each source-destination node pair F in                          
                     association with a service class s to be referred to as a stream (s, F), the                      
                     method comprising:                                                                                
                            (a) with respect to at least one stream (s, F), determining for each                       
                     of two or more consecutive time windows whether the network is                                    
                     compliant or non-compliant;                                                                       
                            (b) for each of said time windows, accruing a positive revenue                             
                     increment for each unit of offered bandwidth that is carried; and                                 
                            (c) for each of said time windows, accruing a negative revenue                             
                     increment for each unit of offered bandwidth that is lost while the network                       
                     is noncompliant, wherein:                                                                         
                            (A) for measured values of the offered stream bandwidth that do                            
                     not violate a contracted maximum limit, the network is compliant if a                             
                     measured ratio of carried-to-offered stream bandwidth is at least a                               
                     contracted value thereof, but otherwise the network is non-compliant; and                         
                            (B) for measured values of the offered stream bandwidth that                               
                     violate the contracted maximum limit, the network is compliant if a                               








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