Ex Parte Johnson - Page 3



                Appeal 2007-0349                                                                             
                Application 09/862,355                                                                       
                                            THE REJECTIONS                                                   
                      Claims 1-8 and 14-16 stand rejected under 35 U.S.C. § 102(e) as                        
                being anticipated by Sitaraman at column 3, lines 21-37.                                     
                      Claims 9-13 stand rejected under 35 U.S.C. § 103(a) as unpatentable                    
                over Sitaraman and Lin.                                                                      

                                               DISCUSSION                                                    
                Content of Sitaraman                                                                         
                      Large corporations have a need to provide PoPs (Points of Presence)                    
                (a PoP is an access point to the Internet) in a number of different cities to                
                service its clients, customers, and/or employees.  If they let them dial in                  
                directly to a server the telephone network charges might be relatively high                  
                for the long distance connection.  The corporation could establish PoPs in                   
                these cities but the cost is usually relatively high.  Instead, it would be ideal            
                to contract with an ISP (Internet Service Provider) Wholesaler having a                      
                presence in the various cities which, in turn, can provide proxied access to                 
                the corporation employees without a large capital outlay.                                    
                      This mechanism raises some problems in that employees could                            
                overwhelm a PoP and prevent the wholesale customers from the service that                    
                they paid for.  Similarly, a large number of employees spread over many                      
                regions could potentially overwhelm the network maintained by the                            
                Wholesaler.  Accordingly, the Wholesaler would like to enter into an                         
                arrangement with the corporation whereby the corporation pays a fee for a                    


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