Ex Parte Amalfitano et al - Page 6



             Appeal No. 2006-2195                                                            Page 6               
             Application No. 09/773,255                                                                           

             examiner asserts that the report is the control information provided by                              

             Mobile Switching Center 165 or Base Station 160 where either Mobile                                  

             Switching Center 165 or Base Station 160 can monitor the signal strength                             

             [id.].  The examiner notes that Dent’s system allows for optimal coordination                        

             of high, medium, and low power signals between adjacent base stations as a                           

             result of the signal strengths being monitored, sorted, and reordered in real-                       

             time or dynamically according to priority (see col. 9, lines 13-19; col. 13,                         

             lines 35-48; col. 16, lines 11-16 and 32-64) [id.].  The examiner notes that                         

             Base Station 160 provides candidate cell information to the mobile unit (see                         

             col. 20, line 39 through col. 21, line 6; fig. 12) [id.].  The examiner                              

             concludes that each base station must have information reported,                                     

             transmitted, or received from each of the adjacent base stations in order to                         

             provide the scheduling of timeslots between low and high interference [id.].                         

                    We begin by noting that the examiner relies upon three separate                               

             sections of Dent as allegedly teaching the limitations disputed by appellants:                       

             (a) col. 8, lines 29-37, (b) col. 16, lines 11-15 and 32-64, and (c) col. 20,                        

             line 39 through col. 21, line 6 [see answer, page 10].  We agree with                                

             appellants that these portions of the Dent reference are concerned with (a)                          

             subtractive demodulation techniques [see col. 8, line 3], (b) “re-use                                

             partitioning” techniques [see col. 16, line 58], and (c) handover techniques                         

             that occur when a mobile phone leaves one cell coverage area and enters                              







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