Ex Parte Grande et al - Page 3



             Appeal 2007-0789                                                                                  
             Application 09/810,063                                                                            

                   We AFFIRM but denominate the rejection as a new ground of rejection                         
             under 37 C.F.R. § 41.50(b).                                                                       

                   The Brief2 separately argues the following groups of claims:                                
                   • Claims 1-3, 6, 8-10, 13, and 15-17  (Br. 6-18);                                           
                   • Claims 4, 11, and 18 (Br. 11-12); and,                                                    
                   • Claims 21, 23, and 24 (Br. 12-13).                                                        

             Claims 1-3, 6, 8-10, 13, and 15-17                                                                
                   Pursuant to the rules, the Board selects representative claim 1 to decide the               
             appeal with respect to the rejection of this group of claims, and claims 2-3, 6, 8-10,            
             13, and 15-17 will stand or fall with claim 1. 37 C.F.R. § 41.37(c)(1)(vii) (2006).               
             Claim 1 reads as follows:                                                                         
                   1.     A computer-implemented method of providing priority network                          
                   service, said method comprising:                                                            
                          determining, by a network service provider, that a user computer                     
                   system has requested priority network service;                                              
                          writing, by the network service provider, a high priority header to one              
                   or more packets originating from the user computer system, in response to                   
                   the determining;                                                                            
                          sending the one or more packets with the high priority header from the               
                   user computer system to a second computer system connected to a computer                    
                   network;                                                                                    

                                                                                                              
             2 Our decision will make reference to Appellants’ Appeal Brief (“Br.,” filed Mar.                 
             9, 2006), the Examiner's Answer (“Answer,” mailed Jun. 2, 2006) and to the Reply                  
             Brief (“Reply Br.,” filed Jul. 22, 2006).                                                         
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