Ex Parte HAMALAINEN et al - Page 2




                    Appeal No. 2002-1114                                                                                                                                  
                    Application No. 09/154,100                                                                                                                            


                    the operation of the cellular radio system has three available                                                                                        
                    channels, which are channels 1, 2 and 3.  For all cells in the                                                                                        
                    cellular radio system, there are defined certain channels that                                                                                        
                    are divided into so-called priority groups.  In Figures 1a-1c,                                                                                        
                    the cellular radio system has three priority groups.  See page 4                                                                                      
                    of Appellants' specification.  In Figure 1a, because the load is                                                                                      
                    slight throughout the network, each cell only uses the first                                                                                          
                    priority group.  In Figure 1b, it is assumed that the load in the                                                                                     
                    middle cell 101 increases, in which case this cell uses the first                                                                                     
                    priority group and also the second priority group.  As the load                                                                                       
                    further increases, Figure 1c shows cell 101 using the third                                                                                           
                    priority group as well as the first and second priority groups.                                                                                       
                    See page 5 of Appellants' specification.                                                                                                              
                             Independent claims 1 and 7 are representative of the claimed                                                                                 
                    invention and are reproduced as follows:                                                                                                              
                    1.       A method for controlling the use of channels in first and                                                                                    
                    second proximately disposed base stations of a cellular radio                                                                                         
                    system, which base stations are in radio communication with the                                                                                       
                    mobile stations of the cellular radio system by using mutually                                                                                        
                    essentially orthogonal channels, said method comprising the steps                                                                                     
                    of:                                                                                                                                                   
                    dividing said channels into groups, each group having a priority                                                                                      
                    that is different from the priorities of the other groups,                                                                                            
                    said first base station having a selected channel group with a                                                                                        
                    highest priority,                                                                                                                                     


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