Ex Parte Schmidl et al - Page 5

                Appeal 2007-1481                                                                              
                Application 09/915,091                                                                        

                                           FINDINGS OF FACT                                                   
                      The following Findings of Fact (FF) are shown by a preponderance of                     
                the evidence.                                                                                 
                                                The Invention                                                 
                      1.     Appellants invented a method (and system) for selecting                          
                frequency bands in wireless communication (Specification 7:1-5).                              
                      2.     A plurality of frequency bands are passively monitored to                        
                determine interference information for each of the frequency bands                            
                (Specification 7:1-6).                                                                        
                      3.     Interference information for each narrow band observation is                     
                combined to produce a signal quality indication (Specification 8:3-8).                        
                      4.     When passive observations are completed, a wide frequency                        
                band is formed from a selected plurality of frequency bands (Specification                    
                7:13-16).                                                                                     
                      5.     The system includes a band selection controller, which                           
                performs the passive monitoring for interference information, and selects a                   
                bandwidth of the available frequency bands (Specification 9:19-10:7, 10:12-                   
                15).                                                                                          
                                                Van De Berg                                                   
                      6.     Van De Berg teaches scanning a plurality of frequency bands to                   
                determine whether the bands are interference free (col. 9, ll. 4-11).                         
                      7.     If a particular carrier frequency position is essentially free of                
                interference, subsequent positions are scanned, in an effort to identify a                    
                concatenation of carrier frequency positions without interference (col. 9, ll.                
                13-21).                                                                                       


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