Ex Parte Fichou et al - Page 4

                Appeal 2007-1410                                                                              
                Application 09/811,038                                                                        

                                                   ISSUE                                                      
                      The principal issue in the appeal before us is whether the Examiner                     
                erred in holding that Kalmanek teaches the claim limitations of determining                   
                whether or not a reservation request can be validated based on user                           
                information within the source workstation, and in response to that                            
                determination, determining whether or not the capacity of the network is                      
                sufficient to meet requirements of the reservation request.                                   

                                           FINDINGS OF FACT                                                   
                      The following Findings of Fact (FF) are shown by a preponderance of                     
                the evidence.                                                                                 
                                                The Invention                                                 
                      1. Appellants invented a method and apparatus for reserving a                           
                virtual connection between source and destination workstations (Br. 2:17-                     
                18).                                                                                          
                      2. A reservation server first uses user information (user                               
                permissions, etc.) to validate the virtual connection reservation request (Br.                
                2:22-23).                                                                                     
                      3. In response to the user information being validated                                  
                successfully, the reservation request is evaluated in terms of available                      
                network capacity (Br. 2:23-24).                                                               



                                                                                                             
                representative independent claim.  See In re Young, 927 F.2d 588, 590, 18                     
                USPQ2d 1089, 1091 (Fed. Cir. 1991).  See also 37 C.F.R. § 41.37(c)(1)(vii).                   

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