Ex Parte Goldstein - Page 47



           Appeal No. 2005-0823                                                                        
           Application No. 10/300,895                                             Page 47              


           as from high sales volumes.  However, we find from the textbook                             
           Computer Networks and Their Protocols3, by D.W. Davies, et al,                              
           © 1979, by John Wiley & Sons, Ltd., that network congestion is                              
           defined in part as "[t]he condition of a communications network                             
           beyond the limit of the traffic which it can readily handle,                                
           where there is a reduced quality of service" (page 461).  We                                
           further find from the textbook that "[t]he relationship between                             
           offered load and network throughput for a network subject to                                
           congestion is shown in Figure 4.7.  As the offered load increases                           
           up to the point of onset of congestion the throughput increases                             
           uniformly with offered load.  As congestion becomes noticeable                              
           the rate of increase of the throughput falls."  From the                                    
           disclosure of the prior art that ticket issuance is reported to                             
           the airlines, and the disclosures of Brice and the textbook, we                             
           find that the prior art suggests that the rate of reporting,                                
           i.e., the rate of transmission, is dependent upon the traffic in                            
           the network as well as the volume of sales of travel tickets.                               
           Accordingly, the rejection of claims 2 and 3, and claims 14, 15,                            
           38, 39, 50 and 51 under 35 U.S.C. § 103(a) is affirmed.                                     


                  3 Pertinent pages from the Textbook are enclosed with our decision.                  





Page:  Previous  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  Next 

Last modified: November 3, 2007