Appeal No. 2002-1130
Application 09/224,234
enabling selection of frequency, channel bandwidth, modulation
type, channel coding and source coding operational components
appropriate to the communication system that the wireless unit is
to operate in. Erving further states that the function control
enables the wireless terminal to actively seek out and search for
availability of wireless communication systems in which it may
operate. Thus, we find that the Examiner has failed to establish
that the intrinsic evidence provided has made it clear that the
missing descriptive matter is necessarily present. In fact, we
find that the evidence points away from the Examiner’s
conclusion.
Therefore, we will not sustain the Examiner’s rejection of
claims 1 and 15 under 35 U.S.C. § 103 as being unpatentable over
Erving in view of Billström. We note that claims 2 through 6,
and 10 through 12 are dependent upon claim 1. Furthermore, we
note that claims 16 and 17 are dependent on claim 15.
Furthermore, we note that the Examiner’s rejections of these
claims are based upon the Examiner’s finding that Erving
inherently teaches notifying the terminals by a broadcast method
of which modulation methods are supported by the base station of
those cells which the terminal is able to select in its current
location. Furthermore, we note that the references applied do
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