Ex Parte SurfControl, Inc. et al - Page 9



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

           1          and determining user-generated contextual information                                   
           2          contained within said multi-packet communications;                                      
           3                                                                                                  
           4                 a rule base store having a plurality of rules relating                           
           5          to controlling access to said resources of said network;                                
           6          and                                                                                     
           7                                                                                                  
           8                 means for controlling said access based upon                                     
           9          matching said rules to said sources, destinations and user-                             
          10          generated contextual information from said means for                                    
          11          determining, said means for controlling being enabled to                                
          12          apply rule actions to those said discrete transmissions for                             
          13          which said matching indicates a restriction, said means                                 
          14          for controlling further being enabled to allow continuous                               
          15          flow of packets of said discrete transmissions to remain                                
          16          unhindered when said rules indicate an unrestricted                                     
          17          transmission on a basis of said multi-packet                                            
          18          communications.                                                                         
          19                                                                                                  
          20          18. The ‘786 Patent describes “non-intrusive” monitoring of data                        
          21    packets in the network as one performed not at choke points in the network                    
          22    (‘786 Patent, col. 6, lines 14-16) and one in which “there will be no impact                  
          23    on performance of the network.”  (‘786 Patent, col. 7, lines 17-20.)                          
          24          19. “Non-intrusive monitoring of network traffic,” as referred to in                    
          25    the ‘786 Patent, occurs by both receiving and assembling data packets of                      
          26    node-to-node transmissions.  (‘786 Patent, col. 6, lines 49-51.)                              
          27          20. In Stein, on page 405, it is stated:                                                
          28                 If you have an extra router available, an attractive                             
          29          alternative is to create a small screened subnetwork for                                
          30          the sole use of the Web server (Figure 14.4).  The router                               
          31          separates the Web server from the rest of the internal                                  
          32          network; its rules allow the Web server to talk to the                                  


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