Ex Parte YAVATKAR et al - Page 2



         Appeal No. 2006-0384                                     Παγε 2                         
         Application No. 09/041,979                                                              

         individual media stream bandwidth control (specification, page                          
         1).  As shown in figure 1, sub-net bandwidth manager (SBM) 104                          
         manages bandwidth of network 100, including admission by traffic                        
         class and reservation bandwidth for the admitted traffic class                          
         (specification, page 5).                                                                
         Claim 1 is representative of the invention, and is reproduced as                        
         follows:                                                                                
              1. A storage medium having stored therein a plurality of                           
              programming instructions executable by a processor, wherein                        
              when executed, the programming instructions implement a                            
              multi-media call application that effectuates quality of                           
              service (QOS) guarantee for a packet based multi-media call                        
              (CALL) through call associated individual media stream                             
              bandwith control.                                                                  
              The prior art references of record relied upon by the                              
         examiner in rejecting the appealed claims are:                                          
         Drake, Jr., et al. (Drake) 5,461,611  Oct. 24, 1995                                     
         O’Neil et al. (O’Neil)  5,963,547  Oct.  5, 1999                                        
              Claims 1-6, 10-12 and 14-33 stand rejected under 35 U.S.C.                         
         § 102(b) as being anticipated by Drake.                                                 
              Claims 7-9 and 13 stand rejected under 35 U.S.C. § 103(a) as                       
         being unpatentable over Drake in view of O’Neil.                                        
              Rather than reiterate the conflicting viewpoints advanced by                       
         the examiner and the appellants regarding the above-noted                               
         rejections, we make reference to the answer (mailed February 25,                        













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