Appeal No. 2003-0469
Application No. 09/317,480
limitation hereinafter as “transferring channels between sectors of a cell based
upon channel use”).
We do not find that Yu teaches away from the concept of transferring
channels between sectors of a cell based upon channel use. Yu is concerned
with the assignment of communication channel frequencies to sectors in cells.
The problem in the prior art that Yu sets out to solve is that terrain,
buildings and other “real world” constraints make it difficult to assign frequencies
to cells (see Yu Column 3, lines 64 to Column 4 line 41). Yu’s invention is to
create a solution to reduce the “re-engineering” effort required to implement
frequency allocated in the “true physical systems” (see Yu Column 4, lines 55-
62). Thus, we find that Yu teaches that the solution may require further
adjustment. Yu recognizes that the number of frequencies assigned to a sector
are determined by traffic load in the sector and teaches a method to assign
frequencies to the sectors when the traffic load in a sector does not require all
the frequencies assigned (see Yu. Column 17, lines 3-9. We consider that one of
ordinary skill in the art would realize that the opposite could also occur and would
recognize a scenario where the traffic in the sector swells such that there are
insufficient frequencies assigned to a sector to accommodate the traffic. As
such we find that one of ordinary skill in the art would be motivated to consider
further adjustments to the frequency assignment. We find no teaching in Yu that
would discourage one from modifying the device to permit transferring channels
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