Ex Parte Agin et al - Page 7

                  Appeal 2007-1603                                                                                         
                  Application 10/036,356                                                                                   
                  the teachings of Tiedemann, Jr. with respect to considerations of interference                           
                  are relevant to the power adjustment and signal quality.                                                 
                         Here, we agree with the Examiner that Tiedemann, Jr. discloses                                    
                  various methodologies for changing the transmit power when there is a                                    
                  change in the transmission quality beyond desired upper and lower                                        
                  threshold(s).  Clearly Tiedemann, Jr. discloses a recognition of interference                            
                  with signal transmission as a consideration for power levels for transmission                            
                  and that the two are interrelated as follows:                                                            
                         In an alternative continuous transmission strategy, if the data rate is                           
                         less than the predetermined maximum the data is repeated within the                               
                         frame such that the data occupies the full capacity of the data frame. If                         
                         such a strategy is employed, power consumption and interference to                                
                         other users may be reduced during periods of data transmission at less                            
                         than the predetermined maximum by reducing the power at which the                                 
                         frame is transmitted. This reduced transmission power is compensated                              
                         by the redundancy in the data stream and can offer benefits in range                              
                         for a fixed maximum transmission power.                                                           
                   (Tiedemann, Jr. col. 2, l. 61-col. 3, l. 4).  (Emphasis added.)                                         

                         In a code division multiple access (CDMA) communication system,                                   
                         the methods described herein have special significance, because by                                
                         reducing the transmission power to the minimum necessary for high                                 
                         quality communications, the communication system provides less                                    
                         interference to the transmissions of other users and allows an increase                           
                         in overall system capacity.  In addition, in a capacity limited system,                           
                         the power reduction of transmission to one user allows another user to                            
                         transmit at a higher power level which may be necessary due to                                    
                         differences in the propagation path or because that user is transmitting                          
                         at a higher data rate.                                                                            
                   (Tiedemann, Jr., col. 3, ll. 27-38).  (Emphasis added.)                                                 
                         In forward link transmissions being broadcast from base station 50 to                             
                         mobile station 30, it is beneficial to minimize the transmitted power                             

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