Appeal No. 1999-0470
Application 08/639,136
20 recite controlling a CDMA wireless communication system
based on location information related to an analog wireless
communication system. Markus simply does not take into
account in his simulation the effect that other communication
systems might have on his system. Therefore, we do not
sustain the rejection of independent claims 1 and 20 and of
claims 3, 6, 7, 22, 25 and 26 which depend therefrom.
With respect to independent claims 8 and 27,
appellants argue that Markus does not teach or suggest
controlling a mobile station to avoid interference before it
occurs [brief, page 9]. The examiner responds that this
feature of the invention reads on the step and apparatus in
Markus for changing system control parameters on the basis of
the simulation [answer, page 7].
We again agree with the position argued by appellants.
Markus teaches that the movement of mobile stations within the
cellular network can be simulated to determine the effect such
movement might have on the communication system. As a result
of this simulation, Markus changes system control parameters.
These system control parameters, however, appear to relate
only to aspects of the base stations. In other words,
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