Ex Parte Herley - Page 6

                Appeal 2007-1051                                                                                 
                Application 10-161428                                                                            

                al. is silent with regard to a bulletin board that receives requests, … and                      
                comprises a list storing received requests,…; and an access layer that                           
                regulates access by a plurality of nodes to the list.”  (Br. 6) and 2) “…but                     
                nowhere does the [Teng] reference show that the aging of requests is a                           
                function of demand of an item associated with a request”.  (Br. 7).                              
                       We find that Traversat does teach that the nodes of a P2P network                         
                receive requests for information and, using the rendezvous nodes and other                       
                devices, satisfy that request with resources across the network.  (¶ 0014 ff).                   
                However, we do not find in Traversat that the requests are stored in the                         
                manner claimed.  The stored information, defined as “advertisements” in                          
                Traversat (¶ 0026), contains information on resources available across the                       
                network “including … peers, peer groups, services, content, pipes and pipe                       
                endpoints”.  We find that request for this information may be reviewed (¶                        
                0091) (¶ 0114), may be aged, as defined by the Specification (¶ 0028 and                         
                0296), and may be passed through a security layer (¶ 0029 and 0328).                             
                However, we do not find in Traversat the storage of the queries on lists, as                     
                claimed by the Appellant.  We have considered Examiner’s arguments                               
                concerning the persistence of the caching of the requests, and though this                       
                may create the ability in the structure of the reference to create a list of the                 
                requests, we are not persuaded that the reference teaches actually doing so.                     
                Indeed, as the reference teaches a system of storing advertisements that is                      
                significantly similar to that disclosed as “prior art” in Appellant’s                            
                Specification, we are not persuaded that it would have been obvious over the                     
                teachings of Traversat to create the requests-based system that he claims.                       



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