Ex Parte SurfControl, Inc. et al - Page 21



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

           1    at a destination node to reconstruct a multi-packet communication to the                      
           2    different environment of intercepting data packets intended for elsewhere to                  
           3    determine network access.  Secondly, the Examiner has articulated no basis                    
           4    why, for purposes of monitoring network access, an access rule must                           
           5    necessarily be applied to an entire multi-packet communication and not                        
           6    individual data packets on a packet by packet basis.                                          
           7                            The Obviousness Rejection of                                          
           8                          Claim 10 over Engel and Shwed                                           
           9                                                                                                  
          10          Claim 10 depends from claim 1 and adds the step of “executing first-                    
          11    line network intrusion detection at an entry point of said network, such that                 
          12    transmissions from nodes that are external to said network are subject to                     
          13    first-line network intrusion restriction rules, said first-line network intrusion             
          14    detection being independent of said step of applying said access rules.”                      
          15    Shwed is relied on by the Examiner to show a first-line network intrusion                     
          16    detection that is independent of the step of applying the access rules, and                   
          17    does not make up for the deficiencies of Engel as already discussed above                     
          18    with regard to the anticipation rejection of claim 1 over Engel.                              
          19                 The Obviousness Rejections of Claims 2, 3 and 13                                 
          20                            over Abraham and Lodin and                                            
          21                              over Abraham and Stein                                              
          22                                                                                                  
          23          Claim 2 depends from independent claim 1, and claim 3 depends from                      
          24    claim 2.  Claim 13 depends from claim 12 which depends from independent                       
          25    claim 11.  Independent claims 1 and 11 had already been rejected by the                       
          26    Examiner as anticipated by Abraham.  References Lodin and Stein are each                      
          27    relied on to meet the additional features of the dependent claims, and do not                 

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