Furthermore, Mr Holdrege states in his second report, in referring to the HTTP ‘solution’: of course, does not pose an obvious solution to the question of renewing “This, the timeout of the network address translation. This is because not all applications know the amount of data which they are sending and, in any event, as the signaling is at the application layer, the NAT would not be able to read it.” It was put to Professor Leslie that the use of a keepalive, in the sense that he suggested and as claimed in the Patent, would be a complete solution to the problem whereas the Q&A is recorded as saying that it would make this I of a problem”. “less do not believe that one can read too much into this. To make the keepalive system work, one has to make the keepalives sufficiently frequent to beat the timeout in a particular NAT device. One solution may not fit all, in that different devices may have different timeout periods, so that some work will be required to establish the optimum for any given system. I do not accept that the use of will deter the “less” skilled person from thinking that this is referring to a timeout of the type claimed in the Patent. Mr Holdrege also suggested that the subsequent comment about SOCKS in the Q&A teaches away from the construction put on the answer to the previous question by Professor Leslie. I do not accept that to be the case. I prefer Professor Leslie’s explanation that there may be a similar problem with Socks since, although the connection is set up over TCP it opens a UDP connection which may be timed out. On the basis of Professor Leslie’s evidence as to the meaning of the Minutes and the Guidelines, as they would be understood by the skilled person, I find that Claims 1 and 2 are anticipated by the disclosure which clearly teaches the use of keepalive
Furthermore, Mr Holdrege states in his second report, in referring to the HTTP ‘solution’: “This, of course, does not pose an obvious solution to the question of renewing the timeout of the network address translation. This is because not all applications know the amount of data which they are sending and, in any event, as the signaling is at the application layer, the NAT would not be able to read it.” It was put to Professor Leslie that the use of a keepalive, in the sense that he suggested and as claimed in the Patent, would be a complete solution to the problem whereas the Q&A is recorded as saying that it would make this “less of a problem”. I do not believe that one can read too much into this. To make the keepalive system work, one has to make the keepalives sufficiently frequent to beat the timeout in a particular NAT device. One solution may not fit all, in that different devices may have different timeout periods, so that some work will be required to establish the optimum for any given system. I do not accept that the use of “less” will deter the skilled person from thinking that this is referring to a timeout of the type claimed in the Patent. Mr Holdrege also suggested that the subsequent comment about SOCKS in the Q&A teaches away from the construction put on the answer to the previous question by Professor Leslie. I do not accept that to be the case. I prefer Professor Leslie’s explanation that there may be a similar problem with Socks since, although the connection is set up over TCP it opens a UDP connection which may be timed out. On the basis of Professor Leslie’s evidence as to the meaning of the Minutes and the Guidelines, as they would be understood by the skilled person, I find that Claims 1 and 2 are anticipated by the disclosure which clearly teaches the use of keepalive
UK-Sony-v-SSH.docx