Ex Parte JESCHKE et al - Page 11




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



          described above.  See Nakano, column 18, lines 51-56.  Further-             
          more, Nakano teaches that the seventh specific embodiment                   
          configurations of the mobile station and the base station are               
          substantially similar to those of Figs. 18 and 19 described                 
          above, but it is assumed that the base station control station 11           
          is functionally integrated into the exchange station 7 so that              
          the control with respect to the base station control station                
          function is to be realized by the control with respect to the               
          exchange station.  See Nakano, column 18, lines 57-64.  Nakano              
          teaches that the control signal (transmission power control                 
          command) is sent from the mobile unit first before correcting the           
          transmission power of each of the base stations according to the            
          seventh embodiment.  See column 11, line 62, through column 12,             
          line 30.  Therefore, we fail to find that the Examiner properly             
          found that Nakano’s “notified transmission power value” reads on            
          Appellants’ claimed invention.                                              
                          Rejections Under 35 U.S.C. § 103                            
                    For the rejections of claims 3, 4 and 7 under 35 U.S.C.           
          § 103, we note that the Examiner has relied on Nakano for the               
          teaching of “presettable target values” as recited in Appellants’           



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