Ex Parte Herley - Page 7

                Appeal 2007-1051                                                                                 
                Application 10-161428                                                                            

                       The Teng reference has been noted, and its teaching of prioritization                     
                of requests has been considered.  We find this teaching supplemental to the                      
                Traversat teachings of time-to-live (TTL), such as in ¶ 0028 of Traversat,                       
                but not sufficient to address the weaknesses of the rejection as described                       
                above.                                                                                           
                                          CONCLUSION OF LAW                                                      
                       Based on the findings of facts and analysis above, we conclude that                       
                the Examiner erred in rejecting claims 1-10, 13-22, 24-34, 36 and 37.                            
                                                  DECISION                                                       
                       The Examiner's rejection of claims 1-10, 13-22, 24-34, 36 and 37 is                       
                reversed.                                                                                        

                                                 REVERSED                                                        






                KIS                                                                                              

                AMIN. TUROCY & CALVIN, L.L.P.                                                                    
                24TH FLOOR, NATIONAL CITY CENTER                                                                 
                1900 EAST NINTH STREET                                                                           
                CLEVELAND, OH 44114                                                                              




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