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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