Appeal 2007-0789
Application 09/810,063
network connection.
35. The Examiner found that “Saari et al. teach a method for determining
charges for usage of a network connection, wherein said usage is calculated based
on connection time (col. 2, lines 17-20).” (Answer 4).
36. Col. 2, ll. 14-19, of Saari reads as follows:
The node computes the cost of using the connection based on the billing and
connection information copied from the billing cell. The connection usage
computation may also take into account other factors, such as the connection
time and the amount of data transferred over the connection.
37. Appellants argued that “[t]his section [i.e., col. 2, ll. 14-19] of Saari
discloses calculating the cost of using a particular node by using information
copied from a billing cell … . Although the cost for using the particular node may
take into account the connection time for that particular node, this is not the same
as calculating a usage amount that includes ’an amount of time that the user
computer system uses the priority network service,’ as taught and claimed by
Appellants.” (Appeal Br. 10). Appellants argued that Saari teaches away from the
claimed system because Saari is directed to using a billing cell, which includes
billing information used by the node to produce billing information, separate from
a data cell containing the information that is transmitted over the connection and is
thus different from the high priority header instantly claimed. (Appeal Br. 9-11 and
Reply Br. 3).
38. Claim 1 places no limitation on the how the usage amount is to be
calculated.
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