Ex Parte Fichou et al - Page 7

                Appeal 2007-1410                                                                              
                Application 09/811,038                                                                        

                the capacity of the network is sufficient to meet the requirements of the                     
                reservation request, in response to a positive determination that a reservation               
                request can be validated based on user information within the source                          
                workstation (Br. 6:21-27 and 7:23-25).  Appellants argue that the sequence                    
                of steps is important because assessing network capacity through several                      
                nodes may require substantial processing resources and time (Br. 7:7-8).                      
                Performing the network capacity check only after a positive user verification                 
                therefore dramatically improves the efficiency of the claimed reservation of                  
                a virtual connection when applied to ordinarily connectionless networks (Br.                  
                7:9-11).                                                                                      
                      The Examiner asserts that Kalmanek teaches two part, sequentially                       
                dependent verification (col. 9, ll. 18-34), and that Kalmanek teaches                         
                “verification” (col. 9, ll. 25-26), which is alleged to be a step of determining              
                whether or not the network has the capacity to handle the subscriber’s                        
                quality of service requirements (Examiner’s Ans. 7:1-3).  The section relied                  
                upon by the Examiner, however, is concerned with the meaning of the term                      
                “quality of service,” and how a particular QoS may be requested. Kalmanek                     
                discloses that the service provider may verify the specified quality of service               
                for the call (FF 6), but this statement is within the context of the provider                 
                verifying that calling party is entitled to receive such QoS.                                 
                             For example, a calling party transferring data may                               
                      subscribe for a service with a quality of service having a large                        
                      bandwidth and small latency; in such an example, a service                              
                      provider can verify the service subscription for the particular                         
                      quality of service associated with the call for that particular                         
                      calling party.                                                                          



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