Ex Parte Agin et al - Page 6

                  Appeal 2007-1603                                                                                         
                  Application 10/036,356                                                                                   
                  radio communication system using a closed-loop power control algorithm.                                  
                  Tiedemann, Jr. teaches that upon the occurrence of a significant change in                               
                  the required transmit power, performing a step of changing the transmit                                  
                  power according to a corresponding change in the required transmission                                   
                  quality target value.  The Examiner maintains that claim 17 does not recite                              
                  any specific target value that is specific to the claimed invention (Answer 4).                          
                  We agree with the Examiner that the “required transmission quality target                                
                  value” is not recited as any specific value that is not taught in the prior art.                         
                  Appellants merely argue that “required transmission quality target value” is                             
                  not taught.  Therefore, Appellants’ argument is not persuasive.                                          
                         At the outset we note that Appellants’ main contention is that                                    
                  Tiedemann, Jr. does not disclose changing the transmit power according to a                              
                  corresponding change in the required “transmission quality target value."                                
                  We note that Appellants have not identified any specific definition, nor are                             
                  we aware of any special definition in the art for this term.  From our review                            
                  of the original Specification, we find no express definition of this term in the                         
                  Specification or any specific recitation of a numeric value or range in the                              
                  claim language.  Therefore, we give this term its ordinary and customary                                 
                  definition and find that as long as the transmit power is changed according to                           
                  a set methodology it would be according to a corresponding change in a                                   
                  required transmission quality target value which would be set by the                                     
                  corresponding methodology.  Here, we do not find that Appellants have                                    
                  identified an express definition in the Specification for "transmission quality                          
                  target value," wherein the Specification is directed to the signal to                                    
                  interference ratio or SIR.  (Specification 1, ll. 21-26).  Therefore we find that                        



                                                            6                                                              

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: September 9, 2013