Appeal No. 2006-1084
Reexamination Control No. 90/006,334
1 paragraph. There is a means for “non-intrusively” intercepting data packets
2 to and from a plurality of nodes in a network such that the interception is
3 substantially transparent to continuous packet flow within the network.
4 There is a means for identifying the data packets in a discrete transmission
5 and for assembling the data packets, which is “non-intrusive” with respect to
6 continuous packet flow of data packets within the network. There is also a
7 means for controlling access to the resources of the network based on
8 matching access rules to sources of transmissions, which allows continuous
9 flow of data packets in the discrete transmission to remain unhindered when
10 the rules indicate an unrestricted transmission.
11 As is explained in the ‘786 Patent, non-intrusive monitoring is done at
12 nodes other than choke points in the network and has no impact on the
13 performance of the network (See FF. 18 and 19). In the context of the ‘786
14 Patent, “non-intrusive” action with regard to reception or interception of data
15 packets, and identifying and assembling of data packets means without
16 interruption of the original flow of the data packets in the network, very
17 much as is recited in claims 1 and 15.
18 For a proper anticipation rejection of claims 1, 4-10 and 15, Abraham
19 must disclose non-intrusive reception or interception of data packets, and
20 non-intrusive identifying and assembling of a multiple data packet
21 communication forming a discrete transmission. For claims 1 and 4-10,
22 Abraham must also disclose non-intrusive application of access rules to the
23 assembled multi-packet communication and discrete transmission. For
24 claim 15, Abraham must disclose controlling of access by matching access
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