Ex Parte Wilkes - Page 7


           Appeal 2007-0456                                                                          
           Application 10/135,412                                                                    

           target system, irrespective of the type of such target system (Br. 13). Appellant         
           asserts the portion of Roberts relied upon by the Examiner merely mentions that           
           certain fields may be included in a packet of a micro-flow, which may be used by a        
           switch for differentiating packets of different micro-flows so that the switch can        
           determine how to route micro-flows through a network in order to achieve QoS              
           constraints (Br. 14).                                                                     
                 The Examiner disagrees. The Examiner argues Roberts discloses “one                  
           previously input specification” in the form of “label field 305” and associated           
           “QoS specification 310,” as incorporated into the incoming data packet(s)                 
           comprising a request (Fig. 3a, col. 8 ll. 25-30).  The Examiner argues Roberts            
           discloses “one previously input type of the target system,” as “label field 305” that     
           indicates the protocol type, destination address, and port number. The Examiner           
           further asserts Roberts discloses determining the type of the target system based on      
           the information found in the label field (col. 13, ll. 15-45, Fig. 8, i.e., “RTP voice,”  
           “RTP video,” and “HTTP type”)  (Answer 23).                                               
                 After carefully considering the evidence before us, we find the language of         
           the claim broadly but reasonably reads on Roberts in the manner argued by the             
           Examiner.  We agree with the Examiner that the recited language (i.e., determining        
           at least one performance related function, based on at least one previously input         
           specification ) broadly but reasonably reads on Roberts’ disclosure of micro-flow         
           QoS descriptors (i.e., one previously input specification) that are used for realizing    
           a guaranteed rate (“GR”) and a guaranteed maximum delay variation (”DV”),                 
           where both of these parameters are representative of at least one performance             
           related function used to attain efficient signaling (routing) and queuing for each        
           micro-flow (col. 6, ll. 48-53). We further agree with the Examiner that a broad but       

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