Appeal No. 2002-2292
Application No. 09/139,749
Claims 1-4 stand rejected under 35 U.S.C. 102(e) as
anticipated by Muszynski.
Claims 5-7 stand rejected under 35 U.S.C. 103 as
unpatentable over Muszynski in view of common knowledge.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
An anticipatory reference is one which describes all of the
elements of the claimed invention so as to have placed a person
of ordinary skill in the art in possession thereof. In re Spada,
911 F.2d 205, 15 USPQ2d 1655 (Fed. Cir. 1990).
It is the examiner’s position, as set forth in the chart at
page 4 of the answer, that Muszynski discloses elements
corresponding to the steps of instant claim 1 as follows:
Column 5, lines 10-15, discusses diversity legs in a radio
network; column 9, lines 25-30, discusses sending address and
binding information from a first controller 14 to a second
controller 12; column 10, lines 15+, discusses how the first
controller releases resources that were used to support a
diversity leg; column 9, lines 32-45, discusses how the second
-3-
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007