Ex Parte Grande et al - Page 27



             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                                                                        

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