Ex Parte Loyd - Page 2

                Appeal 2007-0261                                                                             
                Application 09/915,070                                                                       
                      As representative of the disclosed and claimed invention, independent                  
                claim 1 is reproduced below:                                                                 
                      1.  A method for monitoring the operation of an electronic network,                    
                said network comprising a first electronic device and a second electronic                    
                device, said method comprising;                                                              
                      determining the utilization of a first data path between said first                    
                electronic device and said second electronic device;                                         
                      determining the utilization of a second data path between said first                   
                electronic device and said second electronic device;                                         
                      comparing said utilization of said first data path and said second data                
                path over a period of time; and                                                              
                      providing an indication if said utilization of said first data path                    
                increases a preselected amount and said utilization of said second data path                 
                decreases a preselected amount during said period of time.                                   

                      The following reference is relied by the Examiner:                                     
                      Waclawsky   US 5,974,457  Oct. 26, 1999                                                

                      All claims on appeal, claims 1, 3, 7 through 9, 13, 17, 19 through 21                  
                and 24 stand rejected under 35 U.S.C. § 103.  As evidence of obviousness,                    
                the Examiner relies upon Waclawsky alone.                                                    
                      Rather than repeat the positions of the Appellant and the Examiner,                    
                reference is made to the Brief (no Reply Brief has been filed) for Appellant’s               
                positions, and to the Answer for the Examiner’s positions.                                   
                                                 OPINION                                                     
                      For the reasons set forth by the Examiner in the Answer, as expanded                   
                upon here, we sustain the rejection of all claims on appeal under 35 U.S.C.                  


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