Ex parte TANAKA et al. - Page 2




          Appeal No. 96-1279                                                           
          Application 07/870,982                                                       

               This is a decision on appeal under 35 U.S.C. § 134 from the             
          examiner's refusal to allow claims 1, 2, and 5, all of the                   
          claims pending in the application.  Claims 3 and 4 have been                 
          cancelled.  Claim 6 is indicated to be allowable over the prior              
          art of record (Supp. Examiner's Answer, Paper No. 18, page 2).               
          In the Examiner's Answer the examiner withdrew the rejection                 
          from the Final Rejection and entered new grounds of rejection                
          under 35 U.S.C. §§ 102(b) and 112, second paragraph.  Appellants             
          amendment filed June 14, 1995, (Paper No. 17) has been entered               
          and is considered to overcome the § 112 rejection.  We reverse               
          the remaining anticipation rejection.                                        
               The invention is in the field of cellular mobile                        
          communications system and is directed to a method and apparatus              
          for reducing the size of the service area of a base station in               
          response to detection of control channel signal contamination.               
          Each base station has one control channel via which mobile units             
          requests service to the base station.  When a mobile station                 
          requests a call, it scans all the control channels and selects               
          the strongest control channel.  Near a cell boundary a mobile                
          unit may be prevented from sending a call request to and/or                  
          receiving a control channel signal from the base station due to              
          signal contamination or deterioration by noise, free-space                   
          propagation losses, fading, etc.  In the invention, this                     
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