Ex parte LABEDZ et al. - Page 10




          Appeal No. 1999-0470                                                        
          Application 08/639,136                                                      


          speculation.  Therefore, we do not sustain the rejection of                 
          claims 14 and 15.                                                           


          With respect to independent claim 17, appellants argue                      
          that there is no suggestion in Markus of placing a new base                 
          station based on interference of other base stations with                   
          respect to first and second radii [brief, page 10].  The                    
          examiner does not respond to this argument, but the initial                 
          rejection indicated that the recited radius measuring was                   
          analogous to the distance data disclosed by Markus.                         
          Although we agree with the examiner that Markus does                        
          take into account the distance between a mobile station and                 
          the base stations, there is no suggestion in Markus that first              
          and second radii as claimed should be used for the placement                
          of a new base station.  Therefore, we do not sustain the                    
          rejection of claims 17-19.                                                  









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