Appeal No. 2006-0697
Reexamination 90/006,402
session establishment and may or may not entail delivery confirmation
acknowledgment. A datagram is the basic unit of information passed across the
Internet. It contains a source and destination address along with data. Large
messages are broken down into a sequence of IP datagrams. (Emphasis added
by Examiner).
Similar citations are made to seven other reference works on pages 20-24 of the examiner’s
answer. All eight references are listed on page 16 of the appellant’s reply.
The appellant has failed to discredit or successfully rebut the examiner’s determination of
what “datagram” and “datagram service” would mean to one with ordinary skill in the art.
The appellant mainly discusses that part of Type C transmission service which provides internal
control, scheduling and network management, rather than that part of Type C transmission
service which provides an unscheduled datagram service. The latter is what the examiner relied
on for making the rejection, not the former.
Regarding datagrams, the appellant argues that it has no single uniform definition and
“does not carry all the content meaning attributed by the Examiner” (Reply at 16). But the
appellant does not point out where in any one of the eight reference works referred to by the
examiner there is a meaning for “datagram” or “datagram service” contrary to that established by
the examiner. Nor has the appellant submitted any declaration testimony or additional reference
work which demonstrates the contrary to the examiner’s position. While the appellant’s reply
brief does cite to Tanenbaum, a prior art reference underlying the rejections on appeal, the
appellant did not provide with its reply brief those pages of Tanenbaum on which it relies, i.e.,
pages 198-214. Those pages of Tanenbaum are not in the administrative record.
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