Appeal No. 2003-0469
Application No. 09/317,480
between sectors of a cell based upon channel use. Further, as addressed infra,
we find that as the examiner argues, any divergence between the fixed allocation
teaching of Yu and the transferring of assignment as claimed is mitigated by the
teachings of Benveniste. Accordingly, we do not find that Yu teaches away from
transferring channels between sectors of a cell based upon channel
use, rather we find that Yu does not contemplate a scenario where transferring
channels between sectors of a cell based upon channel use is necessary and
leaves the door open for further adjustment of the frequency assignment.
Appellant argues, on pages 6 through 8 of the brief, that the examiner has
improperly relied upon the Yu, that the examiner picked and chose among the
isolated disclosures of Yu and that the examiner should have considered the
teachings of Yu as a whole. Appellant agues, on page 8 of the brief, that
When considered as a whole, Yu teaches constructing call sector
boundaries that accurately reflect real-world performance characteristics,
followed by a precise allocation of specific channel groups to each sector
according to a complex algorithm to optimize performance in each region.
Yu expresses no concern for co-channel interference, for the relative
loading among sectors or for spectral efficiency. The complexity and
computational intensity of Yu’s sector channel allocation algorithm dispel
any notation that Yu envisioned, contemplated or could possibly
implement the dynamic allocation of channels among sectors on an as-
needed basis. In short, Yu teaches away from Applicant’s invention.
The examiner responds to these arguments, on page 10 of the answer, by
asserting that Yu does not “teach away” and stating:
Yu states that co-channel (channel to channel) interference is a limiting
factor in the number of channels available in a system and is the chief
reason for implementing the cellular and frequency reuse concepts. Thus
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