Appeal No. 2002-1130
Application 09/224,234
supported by the base stations of those cells which the terminal
is able to select in its current location.” Furthermore, we find
that Appellants’ claim 15 recites
A base station of a cellular system, comprising:
means for broadcasting general control information to
terminals in the base station’s cell, and
means for including information about which modulation
methods are supported by the base station in the general
control information broadcast to the terminals.
Thus, we find that Appellants’ claims do require a broadcast
method to the terminals of which modulation methods are supported
by the base stations of the cells.
The question then before us is whether Erving makes clear
that the missing descriptive matter is necessarily present in the
Erving wireless communication system. In response, the
Appellants point out that it is just as probable that the
wireless terminal proceeds through a computer program instructing
the wireless terminal to try prestored modulation methods. See
pages 2 and 3 of the reply brief. In fact, we find that Erving
does suggest such a possible method in column 1, lines 40 through
49. Erving teaches that the digital radio processing with
appropriate stored program control operates in a plurality of
wireless communication systems by selectively and controllably
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