Ex Parte Grande et al - Page 29



             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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