Ex Parte PEELE - Page 1




                                  The opinion in support of the decision being entered today                          
                                  was not written for publication in a law journal and                                
                                         is not binding precedent of the Board.                                       
                                                                               Paper No.   18                         
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                  _____________                                                       
                                  BEFORE THE BOARD OF PATENT APPEALS                                                  
                                              AND INTERFERENCES                                                       
                                                  _____________                                                       
                                         Ex parte  JAMES CALVIN PEELE                                                 
                                                  _____________                                                       
                                               Appeal No. 2003-0469                                                   
                                             Application No. 09/317,480                                               
                                                  ______________                                                      
                                                     ON BRIEF                                                         
                                                 _______________                                                      
                 Before  JERRY SMITH,  BARRETT and NAPPI,  Administrative Patent                                      
                 Judges.                                                                                              
                 NAPPI, Administrative Patent Judge.                                                                  

                                              DECISION ON APPEAL                                                      


                        This is a decision on appeal under 35 U.S.C. § 134 of the final rejection of                  
                 claims 1-9                                                                                           
                                                     Invention                                                        
                        The invention relates to a method of allocating channels in a cellular                        
                 communication system.  Cellular communication systems provide coverage to an                         
                 area by subdividing the area into a series of smaller sub areas called cells.  Each                  
                 cell has a base station which communicates with users.   The base stations are                       






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