Ex Parte Rogers et al - Page 7

                Appeal 2006-3074                                                                               
                Application 10/035,464                                                                         

                bandwidth] being greater than a threshold.”  The third issue, therefore, is                    
                whether generating dummy messages based on dead space in the                                   
                communication bandwidth would have been obvious in view of Nordenstam,                         
                Cory, and Munger.  We agree with Appellants that the teachings or                              
                suggestions of Munger are limited to traffic flow and not bandwidth, since                     
                the two do not have a direct relationship such that one would have been                        
                obvious from the other.  Therefore, we will reverse the obviousness rejection                  
                of claim 5.                                                                                    
                      Regarding claims 8 and 14, Appellants contend (Br. 27) that Munger                       
                teaches generating bogus messages based on time or on the number of                            
                messages received rather than on the computational load of the host                            
                computer.  The fourth issue, accordingly, is whether it would have been                        
                obvious in view of Nordenstam, Cory, and Munger to generate dummy                              
                messages based on the load of the host computer.  However, Appellants                          
                (Specification 9:6-8) state that the load balancer computes an estimated load                  
                on the store host computer from the number of messages received from the                       
                terminals.  As discussed supra, in the combination of Nordenstam, Cory, and                    
                Munger, dummy messages are generated based on the number of messages                           
                received by the host computer.  Munger further discloses (Munger, col. 12,                     
                ll. 23-25) that dummy data “can also help to level the load on inactive                        
                portions of the Internet to help foil traffic analysis efforts.”  Thus, Munger                 
                alludes to generating bogus messages during dead space intervals based on a                    
                determined load.  Accordingly, it would have been obvious, in view of the                      
                suggestion of Munger, to calculate the load on the store host from the                         
                number of messages received and to generate bogus messages during dead                         


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