Appeal 2007-0789
Application 09/810,063
Odlyzko, which reads as follows:
Referring to Fig. 3, an Internet Protocol Version 4 (IPV4) header
format is illustrated. As shown, the IPV4 header includes a Type of Service
80 which is used to make type of service requests to IP routers. As shown,
the Type of Service field includes a three bit Precedence field 85. The
Precedence field is commonly unused and is therefore available for logical
channel selection in the present invention. An IP router could evaluate the
field in the same manner as other IP header fields are evaluated in order to
determine which logical channel packet should be routed across.
15. Fig. 3 of Odlyzko shows a packet with a header comprising a field which
can be used for indicating a type of service. According to the disclosure at col. 6,
ll. 43-52 (see supra), three bit Precedence field 85 in the header is available for
logical channel selection.
16. Odlyzko discloses that the user’s type of service determines the channel
selection and that users may select a high priority channel for high priority service.
… [T]he user is presented with the option of selecting a channel from
a plurality of channels over which to send packets. These channels are only
logically separate and part of the same physical network. The primary
difference between the channels is the price charged to the user. Traffic
management is provided largely by the users through their selection of a
channel over which their packets are sent and received. The channels with
higher prices would attract less traffic and would thereby provide a higher
quality of service. [Odlyzko, col. 2, l. 60 to col. 3, l. 2.]
…
… [A] user will select a logical channel for data communication in
accordance with a subjectively perceived priority. For example, a user may
select a low cost channel for regular electronic mail, unattended file
transfers, etc., while selecting a higher cost channel for World Wide Web
browsing or interactive network communications (e.g., chat). The user may
select an even higher cost channel for urgent electronic mail or other higher
priority traffic. [Odlyzko, col. 3, ll. 27-34.]
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