Appeal 2007-0727
Application 09/951,711
network which becomes connected thereto, a gained network awareness
being used to effect provision of a proxy service” (emphasis in original).
Appellants’ assertion at page 7 of the Brief that “[i]t is clear that the
Kralowetz reference discloses the alleged ability to [facilitate
communication] when prompted to do so” suggests that Appellants’
argument relies primarily on the “automatically gain network awareness of a
network” (emphasis added) aspect of claim 1.
Attention is directed to col. 4, lines 21-28, cited by the Examiner at
pages 4 and 8 of the Answer, which recites “[a]ll of this is done in a manner
that is transparent to the user at the local endpoint application, . . . as it
occurs automatically” (emphasis added). Kralowetz goes on to disclose that
“the invention provides for ‘spoofing’ for quick determination and
implementation of PPP network control protocols . . . during the call
connection process” (emphasis added). We find that this section of
Kralowetz anticipates an ability to automatically (col. 4, lines 21-24) gain
awareness of a network which becomes connected thereto (determine
network control protocols) (col. 4, lines 24-28), a gained network awareness
being used to effect provision of a proxy service (determined protocols are
implemented over one or more channels) (col. 4, lines 24-28).
While we note that the cited portion of column 4 appears in the
background of the invention section, Kralowetz clearly indicates that this
section is “[i]n accordance with the present invention” at col. 4, line 9.
Kralowetz elaborates on the steps performed to determine the network
control protocols and using them to effect provision of a proxy service at
col. 7, line 31 to col. 10, line 55. Of particular interest are col. 8, lines
4
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