Appeal No. 96-1279
Application 07/870,982
OPINION
"Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention." RCA Corp. v.
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984).
Appellants argue that Kojima does not: (1) sense the
control channel signal contamination; (2) detect the contaminated
control channel signal level; (3) respond to the control channel
signal contamination level detected (Reply Brief, pages 2-4).
The arguments are summarized as follows (Reply Brief, page 4):
Kojima only uses the control channel for conventional
control functions. Thus, Kojima does not respond to
contamination in the control channel or sense such
contamination. Although Kojima does teach reducing the
transmission power of a base station, this reduction occurs
in the congestion mode in response to congestion at one base
station and excess capacity at a neighboring base station.
Kojima never teaches or suggests adjusting the transmission
power in response to a contaminated control channel signal
level.
We are in full agreement with appellants' arguments.
The examiner errs in finding that "the traffic adjusting
signal . . . is same as the control channel signal contamination"
(Examiner's Answer, page 3; Supp. Examiner's Answer, pages 1-2).
"Traffic" is "the number of channels currently used in the radio
communication for each base station" (col. 1, lines 59-60).
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