Ex parte THOMPSON et al. - Page 7




             Appeal No. 1998-0101                                                                                 
             Application No. 08/253,996                                                                           


             determining and updating cell boundary with fuzzy logic, the                                         
             use of received signal strength is a key factor.  Cell                                               
             boundary is the point at which signal strength is equal from                                         
             adjacent base station units.  Signal strength is measured and                                        
             applied to fuzzy logic to determine cell boundary.                                                   
                    With respect to the fuzzy logic being based on a “site                                        
             preference indicator,” we find no such teaching in Kinoshita.                                        
             One preference found in Kinoshita is the determination of                                            
             which mobile unit will be given preference in hand-off (column                                       
             5, lines 61-65).  However, fuzzy logic is not based on this                                          
             preference, and this preference is not a site preference, but                                        
             rather a hand-off preference among mobile units.  Hurst does                                         
             base site preference upon a site preference indicator,                                               
             however, there is no mention of using fuzzy logic in Hurst.                                          
             The use of fuzzy logic, as disclosed in Kinoshita, with the                                          
             site preference indicator of Hurst, is central to the issue of                                       
             combinability as argued by Appellants.                                                               
                    Appellants argue “It is well established that a proposed                                      
             modification cannot change a principle of operation of a                                             
             reference.  If Kinoshita was modified by Hurst as suggested by                                       


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