Ex Parte SurfControl, Inc. et al - Page 24






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


           1   According to claims 2 and 13, the monitoring, receiving, assembling, and                

           2   information acquiring steps must take place outside of the direct path of               

           3   communication for the data packets in those communications.  The                        

           4   Examiner has failed to demonstrate that that is the case in Stein.                      

           5                                                                                           
           6                               CONCLUSION                                                  
           7                                                                                           
           8         The indefiniteness rejection of claims 15-18 under 35 U.S.C. § 112,               

           9   second paragraph, is reversed.                                                          
          10  The rejection of claims 1, 4-12, and 14-15 as anticipated by Abraham                     

          11   under 35 U.S.C. § 102(e) is reversed.                                                   
          12  The rejection of claims 1, 4, 9 and 15 as anticipated by Cirasole under                  

          13   35 U.S.C. § 102(e) is reversed.                                                         
          14  The rejection of claims 1-9 and 11-18 as anticipated by Engel under                      

          15   35 U.S.C. § 102(b) is reversed.                                                         
          16  The rejection of claim 10 as unpatentable over Engel under 35 U.S.C.                     

          17   § 103 is reversed.                                                                      
          18  The rejection of claims 2, 3, and 13 as unpatentable over Abraham                        

          19   and Lodin under 35 U.S.C. § 103 is reversed.                                            
          20  The rejection of claims 2, 3, and 13 as unpatentable over Abraham                        

          21   and Stein under 35 U.S.C. § 103 is reversed.                                            












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