Ex Parte Herley - Page 4

                Appeal 2007-1051                                                                                 
                Application 10-161428                                                                            

                        list and, if able and willing, send the requested file directly to the                   
                        requesting node on a P2P basis.  (Specification 5-6).                                    
                     2. If a request remains unfulfilled after a specified time period, the                      
                        system may assume that there is a low likelihood of it ever being                        
                        filled and may remove the request from the list of requests.  In the                     
                        Specification, this process is called the aging of requests.                             
                        (Specification 7, l. 10 ff).                                                             
                     3. The Traversat Patent Application Publication provides a system and                       
                        method for a P2P network in which special rendezvous nodes                               
                        contain information, called advertisements, about network resources                      
                        to help other nodes locate those resources long range on the network.                    
                        (¶ 0026).  Requests from one node are sent to other nodes in search                      
                        of responses or of  advertisements. (¶ 0029).  Query requests may                        
                        include a time-to-live indicator, which defines the expiration of the                    
                        request and signals that the request may be deleted or invalidated, as                   
                        they are unlikely to be filled. (¶ 0028).                                                
                     4. The Teng Patent teaches a system in a network for requesting a                           
                        future time to transfer a file across the network from one node to                       
                        another.  The requests may be sorted, prioritize and timed to                            
                        efficiently transfer files.  A request to transfer a file which is ignored               
                        results in the file not being transferred to the node that received the                  
                        request. (Col. 2, ll. 1-21).                                                             




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