Ex Parte JESCHKE et al - Page 10




          Appeal No. 2002-2106                                                        
          Application 09/313,359                                                      



                    Upon our review of Appellants’ specification, we fail             
          to find an expressed definition of the term “presettable.”                  
          However, upon reviewing the specification, we find that the                 
          specification does put in context that the target value (TV1) is            
          determined prior to sending from the mobile station to the base             
          station a command instructing the base station to change their              
          transmitted powers.  So even using the ordinary meaning as                  
          proposed by the Examiner, we find that the claims require that              
          the target value is set before the steps of sending from the                
          mobile station to the base station a command instructing the                
          base station to change its transmitted powers.                              
                    Turning to Nakano, we fail to find that the “notified             
          transmission power value” is set before the mobile station sends            
          the command instructing the base stations to change their                   
          transmitted powers.  In fact, we find that this value is not                
          determined until the exchange station compares the transmitted              
          power values reported from the base stations after the request to           
          change the power values from the mobile station.  In particular,            
          Nakano teaches that the seventh specific embodiment is a more               
          specific embodiment based upon the fourth basic embodiments                 



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