Appeal 2007-0789
Application 09/810,063
A reply is an acknowledgment (positive or negative) sent from
server to user via the control connection in response to FTP
commands. The general form of a reply is a completion code
(including error codes) followed by a text string. The codes
are for use by programs and the text is usually intended for
human users.
28. Appellants argued that Odlyzko does not disclose the fifth step of the
claimed method. (Appeal Br. 8 and Reply Br. 2-3).
29. The Examiner relied on col. 3, lines 4-8, of Odlyzko as evidence that
Odlyzko discloses “means for calculating a usage amount, wherein the usage
amount includes a number of packets routed over the network.” (Answer 5). That
passage from Odlyzko reads:
The present invention is advantageously flexible in that either the
sender or the receiver of information may be charged for transmission of a
packet in a usage-sensitive priced packet switched network.
Advantageously, charges may be incurred on the basis of packets sent or
packets received.
Id.
30. Odlyzko teaches a “usage-sensitive priced packet switched network” (FF 29)
and thus shows as the Examiner indicated (FF 29) a “means for calculating a usage
amount, wherein the usage amount includes a number of packets routed over the
network.”
31. Appellants argue that “while Odlyzko does discuss keeping track of costs on
a per packet or per byte basis, the preferred method discussed by Odlyzko is to use
“statistical sampling,” rather than “rigorous traffic monitoring and accounting”
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