Appeal No. 96-1279
Application 07/870,982
Traffic is not signal contamination of the control channel (or
the voice channels). The examiner ignores the limitations and
arguments about "control channel." Kojima measures traffic and
does not sense "control channel signal contamination which
inhibits communication," as claimed. Because Kojima does not
"sense" control channel signal contamination, it cannot "detect"
the contaminated control channel signal level, as claimed.
Kojima determines whether the traffic level exceeds a threshold
signal TH level and produces a traffic adjusting signal TA to
control transmitter output power (figure 3; col. 5, lines 17-58).
Kojima responds to traffic volume and does not "respond to" the
contaminated control channel signal level, as claimed.
Accordingly, the examiner erred in finding claims 1, 2, and 5 to
be anticipated by Kojima.
The rejection of claims 1, 2, and 5 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
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