Appeal No. 2002-1114
Application No. 09/154,100
We note that Appellants claim 1 recites a "cellular radio
system that comprises: a plurality of base stations."
Furthermore, we note that Appellants have not provided a special
definition within the specification for cellular radio systems.
We appreciate that Nagashima teaches a cellular radio system
for covering areas which are divided into relatively small zones
or microcells. See Nagashima, column 1, lines 1-10. We further
appreciate that this system is not a cellular radio system based
upon CDMA, Code Division Multiple Access. However, we fail to
find that Appellants' claim 7 limits the claim to such a system.
Therefore, we fail to find that the Examiner erred in reading
Appellants' claim 7 on the Nagashima cellular radio system for
covering areas which are divided into relatively small zones or
microcells. Thus, we find that Appellants' claim 7 language is
broad enough to not only include cellular radio systems that are
base upon CDMA but also the Nagashima radio system.
Appellants further argue that Nagashima does not show the
operation of the channel groups as recited in claim 7. However,
the Examiner has pointed out that Nagashima does teach all the
limitations recited in claim 7. See the final rejection and the
Examiner's answer. We fail to find that the Appellants have made
an argument as to why these teaching do not read on Appellants'
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