Ex Parte BARNES et al - Page 2




          Appeal No. 2002-1106                                                        
          Application 09/058,687                                                      


          communication system where the given home channel is not                    
          otherwise available.  The selected home channel serves as an                
          alias home channel.                                                         
          Representative claim 1 is reproduced as follows:                            
               1. A method for channel assignment, comprising:                        
               distributing candidate home channel numbers across a range             
          of available channel numbers;                                               
               assigning a home channel to each subscriber;                           
               scanning for an open channel corresponding to the home                 
          channel assigned the particular subscriber;                                 
               if the home channel is available, conducting communications            
          on the home channel; and                                                    
               if the home channel is unavailable, seeking a next available           
          home channel.                                                               
          The examiner relies on the following references:                            
          George                        5,203,015          Apr. 13, 1993              
          Alford et al. (Alford)        5,613,201          Mar. 18, 1997              
          Claims 1-3 stand rejected under 35 U.S.C. § 102(b) as                       
          being anticipated by the disclosure of George.  Claims 4, 9 and             
          14 stand rejected under 35 U.S.C. § 103.  As evidence of                    
          obviousness the examiner offers George in view of Alford.                   
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on appeal,                  
          the rejections advanced by the examiner and the evidence of                 


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