Ex Parte SurfControl, Inc. et al - Page 4



                Appeal No. 2006-1084                                                                          
                Reexamination Control No. 90/006,334                                                          

           1    D. Findings of Fact (FF)                                                                      
           2          1. The invention is directed to a method and apparatus for                              
           3    monitoring and controlling access by computer users to network resources.                     
           4    (‘786 Patent, col. 1, lines 4-8.)                                                             
           5          2. In the context of the invention, the management of an                                
           6    organization may set a network access control policy for its employees for                    
           7    two reasons:  (1) maximizing employee productivity by ensuring that                           
           8    Internet access is used primarily for business purposes, and (2) maximizing                   
           9    the Internet-connection capability of the organization, particularly during                   
          10    peak usage times.  (‘786 Patent, col. 2, lines 9-15.)  For example, the more                  
          11    users are accessing the network, the more degraded the network accessing                      
          12    capability becomes.                                                                           
          13          3. A traditional approach to providing access control is to apply                       
          14    known firewall technology and focus on well-known data packet filtering                       
          15    techniques, where no data packet is allowed to be forwarded without prior                     
          16    filtering.  (‘786 Patent, col. 2, lines 31-38.)                                               
          17          4. In modern networks, including the Internet, each node-to-node                        
          18    transmission is divided into multiple data packets which are separately                       
          19    transmitted to a destination node.  At the destination node, the multiple                     
          20    packets are assembled to form the original message.  (‘786 Patent, col. 6,                    
          21    lines 51-56.)                                                                                 
          22          5. One sample data packet is illustrated in Figure 3 of the ‘786                        
          23    Patent.  (‘786 Patent, col. 6, lines 56-57.)                                                  



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