Appeal No. 2003-0469
Application No. 09/317,480
sector in the same cell is taken and assigned to the sector that reached the
threshold.
Appellant asserts on page 6 of the brief that Yu teaches allocation of
channel groups to sectors based upon real-world performance characteristics
using a complex algorithm. Appellant argues, “ Not only does Yu disclose no
dynamic allocation of channels among sectors, Yu inherently teaches away from
the adaptive allocation of channels. Yu’s invention is the computationally
intensive crafting of a fixed channel allocation pattern that is tailored to the real-
world performance metrics of each specific region” (emphasis original).
On page 10 of the answer the examiner agrees, “Yu does not teach,
suggest or contemplate dynamic allocation of channels among sectors, but
instead teaches fixed allocation of channels among sectors.” However, the
examiner asserts that Yu does not teach away from dynamic allocation of
channels. On page 11 of the answer, the examiner argues that Benveniste is
evidence that Yu does not teach away from dynamic allocation of channels. The
examiner reasons, on page 12 of the answer, that
Benveniste suggests that Yu can be modified for Adaptive channel
assignment. Yu does not teach Adaptive channel assignment, but clearly
teaches of non-regular fixed channel allocation. Benveniste discloses that
non-regular fixed channel allocation, when performed periodically, is
adaptive channel assignment. The appellant has made no showing of
why Yu’s non-regular fixed channel allocation could not be performed
periodically; hence the examiner maintains that Yu’s system is able to be
modified for adaptive allocation of channels per Benveniste. As such it is
disagreed that Yu teaches away. (citations omitted)
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