Ex Parte 5555478 et al - Page 12




              Appeal No. 2006-0697                                                                                         
              Reexamination 90/006,402                                                                                     

              examiner did not point out the specifics of how Chan describes its implementation of a datagram              
              service.  Nothing which the examiner has cited from Chan goes into sufficient detail.  The                   
              particulars of implementing a datagram service with the Level-0, Level-1, and Level-2 networks               
              of Chan are left largely to one’s imagination or speculation.  The examiner has resorted to                  
              several findings which are unsupported.                                                                      
                     On page 48 of the answer, in lines 18-22, the examiner concludes that each packet or                  
              datagram under Type C communications in Chan must be examined by each of the Level-0,                        
              Level-1, and Level-2 intermediate networks in order to figure out the route toward the                       
              destination and forward the datagram along the route, based solely on the fact that a datagram               
              itself would carry sufficient address information for routing, independent of other packets, and             
              does not rely on earlier exchanges.  Similarly, on page 50 of the answer, the examiner concludes             
              that each of the Level-0, Level-1, and Level-2 routers in Chan definitely has the ability to                 
              perform intelligent routing based on the address information within each transmission packet,                
              because each datagram is a self-contained packet, independent of other packets, which carries                
              sufficient address information for routing from source to destination without relying on earlier             
              exchanges.  The  reasoning is misplaced.  The fact that each data packet contains enough                     
              destination address information for it to be routed independently of other packets without need to           
              rely on other packets or earlier exchanges is not enough to demonstrate that “each” of the Level-            
              0, Level-1, and Level-2 routers must necessarily read that destination address and perform                   
              intelligent routing based on the destination address just read from the data packet or datagram.             


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