Appeal 2007-0789
Application 09/810,063
(col. 4, lines 45-67).” (Appeal Br. 8).
32. Col. 4, ll. 45-67, of Odlyzko reads:
In order to ascertain incurred costs, it is also necessary to monitor the
traffic across the data path and maintain appropriate records regarding
communicated data. The specific monitoring would of course depend on the
specific form of cost accounting implemented. In one embodiment of the
present invention, costs could be incurred on a per packet basis. In an
alternative embodiment of the present invention, costs incurred (and
therefore measured) as discrete data elements are communicated, as in a per
byte basis. In another alternative embodiment of the present invention, costs
could be incurred by a combination of packets and discrete data elements,
such as in a combination of a per-packet and per-byte bases. The data
elements may be measured at the input or the output of the partitioned data
path or, alternatively, at the edge of a data network including a mixture of
partitioned and non-partitioned data paths. Advantageously, it is not
necessary to perform detailed accounting in the core of the network, where
switching and transmission speeds are of overriding importance. Moreover,
statistical sampling is likely to provide an adequate level of detail for
purposes of the present invention, allowing implementation without rigorous
traffic monitoring and accounting.
33. According to Appellants, notwithstanding that Odlyzko teaches as known a
“usage-sensitive priced packet switched network,” because Odlyzko suggests in
the passage at col. 4, ll. 45-67 to use statistical sampling rather than monitoring
traffic “Odlyzko discourages, and even teaches away from, Appellants’ calculating
of a usage amount which includes the amount of time that the user computer
system uses the priority network service.” (Appeal Br. 8. See also Reply Br. 2-3).
Saari
34. Saari discloses a method and system for determining charges for usage of a
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