Appeal 2007-0789
Application 09/810,063
Odlyzko in view of Saari et al. does not explicitly teach that [the] amount
of time spent is an elapsed time between the determining that the user
computer system has requested priority network service and receiving the
request message from the user system requesting that priority network
service be stopped. However, it is old and well known to create a
starting/ending time stamps for measuring time of usage of accessing the
network resources. [(]See, for example, Peterson et al. US 6,349,289; col. 3,
line 58 – col. 4, line 3.)
(Answer 8-9).
3. Appellants argued that the evidence the Examiner provided to show it is old
and well known to create a starting/ending time stamps for measuring time of
usage of accessing the network resources, i.e., Peterson, shows
keep[ing] track of the amount of time that a particular user is connected, via
telephone, to a host computer … [but] does not teach or suggest calculating
a usage amount, which includes an amount of time that the user computer
system uses the priority network service, “wherein the amount of time the
user computer system uses the priority network service is an elapsed time
between the determining, by the network service provider, that the user
computer system has requested priority network service and the receiving,
by the network service provider, the request message from the user computer
system requesting that priority network service be discontinued” as taught
and claimed by Appellants.
(Appeal Br. 12-13 and Reply Br. 4-5).
4. Internet Service Providers often receive requests to discontinue service.
5. Internet Service Providers often charge online customers for the elapsed
time spent online, between the time the Provider receives a request to initiate
online service and receiving a request to discontinue online service.
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