Ex Parte Grande et al - Page 24



             Appeal 2007-0789                                                                                  
             Application 09/810,063                                                                            

                   4.     The computer-implemented method as described in claim 1 further                      
                   comprising:                                                                                 
                          receiving, by the network service provider, a request message from                   
                   the user computer system, wherein the request message requests that the                     
                   priority network service be discontinued; and                                               
                          writing, by the network service provider, a normal priority header to                
                   one or more packets originating from the user computer system, in response                  
                   to receiving the request message.                                                           
                   A. Issue                                                                                    
                   The issue is whether Appellants have shown that the Examiner erred in                       
             rejecting the claims over the prior art on the ground that Odlyzko fails to teach or              
             suggest all the limitations of claim 4.                                                           

                   B. Facts                                                                                    
                   The record supports the following findings of fact (FF) by a preponderance                  
             of the evidence.                                                                                  
             1.    We incorporate herein the findings of facts from the Facts section for claims               
             1-3, 6, 8-10, 13, and 15-17 above.                                                                
             2.    The Examiner found that:                                                                    
                          As for Claim 4, the modified method of Odlyzko further discloses the                 
                   method including: receiving a request message from the user computer                        
                   system, wherein the request message requests that the priority network                      
                   service be stopped; and writing a normal priority header to one or more                     
                   packets originating from the user computer system (see Fig. 3 for the                       
                   precedence and type of service; when the users requests the lower priority                  
                   service (from the menu), the precedence field MUST be designated with the                   
                   different bits, col. 6, line 65 – col. 7, line 24 of Odlyzko).                              
             (Answer 7).                                                                                       
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