Ex Parte MOLNAR et al - Page 3




               Appeal No. 2001-0906                                                                                                 
               Application No. 08/597,073                                                                                           


                       We have carefully considered the entire record before us, and we will reverse the                            
               obviousness rejection of claims 1 through 7, 9 through 12, 14, 16 through 19 and 21 through 29.                      
                       The examiner is of the opinion (answer, page 4) that Hutcheson ‘058 discloses all of the                     
               claimed subject matter of claims 1 through 7, 11, 12, 16 through 19, 21 through 23 and 27 through                    
               29 except for “estimating the position of the terminal using the relative powers and a model of spot                 
               beam shape.”  According to the examiner (answer, page 4), “Olds, et al teaches the use of                            
               estimating the position of a terminal using a model of spot beam shape (column 14, lines 33-38) in a                 
               method in a radio communication system using an array to illuminate areas with spot beams for the                    
               purpose of evaluating other beams sufficiently qualified to have been selected to transmit to the                    
               terminal.”  Based upon the teachings of Olds, the examiner concluded (answer, pages 4 and 5) that                    
               “it would have been obvious to one of ordinary skill in the art at the time the claimed invention was                
               made to incorporate the use of estimating the position of a terminal using a model of spot beam                      
               shape, as taught by Olds, et al, in the method of estimating a position of a terminal in a radio                     
               communication system of Hutcheson, et al, for the purpose of evaluating other beams sufficiently                     
               qualified to have been selected to transmit to the terminal in order [to] determine an effective                     
               received signal quality associated with other beams in relation to the terminal.”                                    


                       Appellants argue (supplemental brief, page 5) that Hutcheson ‘058 does not disclose the last                 
               two steps of claim 1.  With respect to the step of “determining relative powers,” appellants argue                   


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