Ex Parte PEELE - Page 15




                 Appeal No. 2003-0469                                                                                 
                 Application No. 09/317,480                                                                           

                 accessed”, Column 8, lines 3-5.  Thus in Adaptive-Dynamic Channel Assignment,                        
                 the non-regular channel allocation is used until there are                                           
                 no longer any channels available, then additional channels are allocated.                            
                 Benveniste teaches that Adaptive-Dynamic Channel Assignment is accomplished                          
                 using three logic functions, channel acquisition (channel borrowing), channel                        
                 release and channel (re)allocation, (the non-regular channel allocation) Column                      
                 9, lines 24-30.  Benveniste teaches a preferred method to perform (re)allocation                     
                 of channels and also states “the ADCA [Adaptive- Dynamic Channel Assignment]                         
                 Algorithm described herein can be used with other channel allocation                                 
                 methodologies.”  Column 11, lines 46-47.  We feel that this passage would                            
                 provide suggestion to one of ordinary skill in the art to look to other methods of                   
                 non-regular channel allocations such as Yu’s channel allocation which addresses                      
                 “real world” limitations on channel assignment.                                                      
                        Appellant argues, on pages 9 and 10 of the brief, that Benveniste teaches                     
                 allocation of channels among cells within a wireless system and not among                            
                 sectors in a single cell.                                                                            
                        We are not convinced by this argument as we find that Benveniste                              
                 implicitly teaches that channels are transferred between sectors in a cell.  As the                  
                 examiner points out on page 12 of the answer, Benveniste, recognizes that some                       
                 cells are sectorized into smaller angular areas, see column 3, lines 12-19.                          




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