Ex Parte Johnson - Page 10



                Appeal 2007-0349                                                                             
                Application 09/862,355                                                                       
                      In Lin, "the filter 106 employs a 'rate limiting' mechanism to limit the               
                rate of session establishment packet submission" (col. 2, ll. 26-28).  Lin does              
                not limit based on the number of active sessions with a client process and                   
                does not track any information about the client process.  Lin does not teach                 
                "determining, using the IP address of the computing device, the number of                    
                presently active sessions within said FTP server process previously                          
                established with FTP client processes operating on said computing device."                   
                Nor does Lin teach "comparing said number of presently active sessions                       
                with a predetermined threshold value" where the active sessions are the ones                 
                with a client process.  While there is some comparing going on, it is not the                
                comparing of the claims.  The Examiner has failed to establish a prima facie                 
                case of obviousness.  The obviousness rejection of claims 9-13 is reversed.                  

                                              CONCLUSION                                                     
                      The rejections of claims 1-16 are reversed.                                            

                                                REVERSED                                                     


                tdl                                                                                          

                HEWLETT-PACKARD COMPANY                                                                      
                Intellectual Property Administration                                                         
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