Ex Parte GRAYSON - Page 6



          Appeal No. 2003-0289                                                        
          Application No. 09/234,702                                 Page 6           

          in a satellite communication system in which path diversity is              
          provided between a user terminal and at least two satellites                
          through gateways (earth stations).  These gateways then determine           
          the diversity paths (e.g. selection of a radio path to                      
          interrupt).  In the examiner's opinion, it would have been                  
          obvious to a person of ordinary skill in the art at the time the            
          invention was made to modify the system in Chennakeshu with the             
          teachings of Sherman to include “earth stations” to decide on               
          diversity paths (e.g. selection of a radio path to interrupt)               
          (answer, page 5).                                                           
               Appellant asserts that both independent claims 1 and 8,                
          containing similar language, require the user terminal to assess            
          which of at least two satellites presents the highest radio path            
          attenuation and to interrupt that path to assess another                    
          satellite (brief, page 5).  Appellant further asserts (id.) that            
          Chennakeshu does not interrupt one link of a diversity pair of              
          links, rather it scans for an alternative satellite during “idle            
          time slots of the TDMA link” (col. 5, lines 6-7).  If the signal            
          quality of one satellite connected to the user terminal falls               
          below a first threshold, and the signal quality of a second                 
          satellite would be above a second threshold, the mobile unit will           
          then establish a communication link with the second satellite               





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