Ex Parte Wilkes - Page 12


           Appeal 2007-0456                                                                          
           Application 10/135,412                                                                    

                 We agree with the Examiner that the language of the claim broadly but               
           reasonably reads on Roberts disclosure of where micro-flows are stripped out (i.e.,       
           “breaking up”) of a composite flow en route to a respective target system and also        
           where micro-flows are bundled together (i.e., “merging,” “coalescing,”  two or            
           more requests), as claimed (col. 7, ll. 21 and 25.  We further agree with the             
           Examiner’s interpretation of the claimed “requests” as being implemented using            
           packets.                                                                                  
                 We note that the patentability of each of dependent claims 9, 19, 37, and 47        
           turns upon our finding regarding Issue 5.  Because we find the preponderance of           
           the evidence supports the Examiner’s position on Issue 5, we will sustain the             
           Examiner’s rejection of dependent claims 9, 19, 37, and 47 as being anticipated by        
           Roberts.                                                                                  
                                         Analysis of Issue 6                                         
                 Appellant argues Roberts fails to teach a previously input specification that       
           includes at least one of performance enhancement specifications, performance              
           enhancement goals, target system specifications, and target system goals (Br. 18).        
                 We note Appellant essentially restates the same argument previously                 
           presented for Issue 1, supra.  We find the language of the claim 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”) (i.e., includes at least one of performance enhancement            
           specifications) (col. 6, ll. 48-53).                                                      
                 We note that the patentability of each of dependent claims 10, 21, 23, 38, 49,      
           and 51 turns upon our finding regarding Issue 6.  Because we find the                     
           preponderance of the evidence supports the Examiner’s position on Issue 6, we             

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