Appeal 2007-0789 Application 09/810,063 service. In view of the fact that service requests are often sent to Internet Service Providers (FF 7), it would have been obvious over Odlyzko to send a request to an Internet Service provider to discontinue high priority channel in favor of another level of service. Odlyzko discloses setting a default logic channel. (FF 6). The default logic channel represents the usual state or “normal” level of service. One of ordinary skill in the art would foresee a user who discontinues high priority service receiving thereafter the default or normal level of service. Given that Odlyzko discloses that the header may be used to identify the channel corresponding to the service desired, Odlyzko suggests writing a “normal” header to identify setting the “normal” default logic channel – as opposed to a high priority header to identify high priority service. Accordingly, it would have been obvious to one of ordinary skill in the art reading Odlyzko for the provider to write a “normal” priority header to a packet originating from a user computer in response to receiving a request message that priority network service be discontinued and providing, in its place, the expected default or “normal” service. Accordingly, we affirm the rejection of claim 4 over the cited references. However, our reasoning in concluding that the claimed method would have been obvious to one of ordinary skill in the art departs from that of the Examiner. Accordingly, though we affirm the rejection of claim 4, we denominate the rejection as a new ground under 37 C.F.R. §41.50(b). E. Conclusion of Law 27Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: September 9, 2013