Ex Parte PEELE - Page 16




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

                 Benveniste teaches that in the channel (re)-allocation function of Adaptive-                         
                 Dynamic Channel Assignment, “channels are selected so that the number of                             
                 channels allocated to each cell or sector is proportional to the number of                           
                 channels needed”, Column 11, lines 35-37.  Thus, we find that Benveniste                             
                 teaches that when the cell is divided into sectors, channels are allocated to                        
                 sectors in the cell.  Benveniste describes the operation of the channel acquisition                  
                 logic (channel borrowing), shown in figure 4, as follows:                                            
                        The process in which unused channels are borrowed by a cell needing                           
                        added capacity is illustrated by the flowchart of figure 4…. The decision                     
                        block 909 determines if there is an available channel from those allocated                    
                        to the cell to assign to the call request.  If there is one, the flow proceeds                
                        to block 911 whose instructions assign the call to the free channel and the                   
                        assignment process ends in terminal 919                                                       
                        If all channels allocated to the cell are busy within the cell or borrowed by                 
                        other cells, the flow processes to block 913 which determines if there is a                   
                        free channel, not allocated to the cell, that would meet al interference and                  
                        system requirements if assigned to the call.  (emphasis added)                                
                 Thus, channel transfer (channel borrowing) only occurs if all channels allocated                     
                 to the cell are busy.   We find that since sectors are segments of a cell, channels                  
                 allocated to the sector are necessarily allocated to the cell.  Accordingly, we find                 
                 that one of ordinary skill in the art would recognize that implicit in Benveniste‘s                  
                 teaching, that channels from other cells are only borrowed when there is no                          
                 available channel in the cell, is that channels allocated to sectors within the cell                 
                 must be transferred between sectors before transfer channels from another cell                       
                 are transferred to the cell.                                                                         



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