Appeal No. 1998-2608
Application 08/570,439
Åkerberg contains the capability of switching the antenna
diversity switch 22 in addition to switching channels if
necessary to ensure the proper connectability to the remote
fixed antennas 7 such as in Figure 2.
It is thus also apparent in the consideration of Hamabe
and Åkerberg alone that the use of the word "stationary" in
the claims on appeal to define the terminal stations' antennas
is not patentably distinct since Åkerberg also teaches this
feature for the antenna 7 such as in Figure 2. Furthermore,
even a conventional cellular-based system may be considered
stationary if it is not used in a mobile-sense or not moved.
This reasoning of the combinability of Hamabe and
Åkerberg directly meets the arguments represented by appellant
between pages 5 and 10 of the brief concerning the first
stated rejection. The clear inference to the reader of the
teachings and suggestions of Hamabe, Wang and Åkerberg is at
least that the teachings of mobile interference minimization
of various channels in a mobile cellular environment in Hamabe
and Wang clearly would have been applicable in the environment
of a fixed subscriber station as in Åkerberg. In contrast to
the normal teachings in Hamabe and Wang of a mobile subscriber
6
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