Appeal No. 2003-0469
Application No. 09/317,480
stated supra, we do not find that Yu teaches or discourages the transfer of
channels between sectors of a cell based upon channel use. We agree with the
rationale provided by the examiner, Benveniste provides suggestion to modify
Yu, however both the examiner and appellant address the combination as
applied to adaptive allocation of channels. As discussed supra claim 1 does not
contain a limitation directed to adaptive allocation of channels, but rather
contains the limitation that we refer to as “transferring channels between sectors
of a cell based upon channel use”. Accordingly we address the combination of
the references as it applies to the limitations of claim 1.
We find that Benveniste contains suggestion to be modified with a channel
allocation system such as taught by Yu. We concur with the examiner‘s
assessment that the system of Yu is the type Benveniste refers to as non-regular
channel allocation. Benveniste, in column 1, lines 52-60, identifies two types of
fixed channel allocations, regular and non-regular, where non-regular channel
allocation is applied when traffic distribution is not uniform. As discussed supra,
Yu teaches assignment of channels based in part upon traffic distribution.
Benveniste also teaches Adaptive-Dynamic Channel Assignment which is a
flexible channel assignment that can adapt to varying traffic loads. Adaptive-
Dynamic Channel Assignment is performed using non-regular channel allocation,
Column 8, lines 11-20. In Adaptive-Dynamic Channel Assignment “Cells will
attempt to use the allocated channels first. If unavailable other channels will be
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