Appeal No. 2002-1114
Application No. 09/154,100
conditions, using in said certain base station the channels
belonging to the groups with lower priority" emphasis added.
We note that the Examiner has not come to grips with this
limitation. See pages 3 and 4 of the Examiner's answer in which
the Examiner has not specifically addressed this limitation. The
Examiner does address the argument on page 10 of the Examiner's
answer stating that Nagashima teaches that the channel
assignments are dynamic and thus theoretically channels may be
assigned and used from one channel group thus requiring dynamic
allocation channels of other groups.
However, in our review of Nagashima, we fail to find support
for the Examiner's above finding. We agree that Nagashima
teaches a group priority file 32 which indicates group numbers
and their priority values which are updated dynamically in a
statistical process. See Nagashima, column 3, lines 59-64.
Nagashima teaches the priority update routine and polling routine
with references to Figure 6 and 7 in column 4, line 10-column 5,
line 60. However, we find that Nagashima does not teach a method
which allows a base station to use channels from more than one
channel group. Therefore, we fail to find that Nagashima teaches
"under a second set of operational conditions, using in said
certain base station the channels belonging to the groups with
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