Appeal No. 2006-2754 Application No. 10/108,109 To determine whether claim 8 is anticipated, we must first determine the scope of the claim. We note that representative claim 8 reads in part as follows: [O]perating instructions for self-initiating a self-assessment of ability level based on a formula that assigns different weights to each of the at least two factors in the communication device, and for determining cluster head status based on the ability level assessed.” At page 3, lines 2 through 15, Appellants’ specification states the following: [0012] The present invention provides a method for forming and operating a wireless network, and particularly, a method of selecting cluster heads from among communication devices of the wireless network. Characteristics of a communication device, such as processing power, available energy, connectivity to other devices, and/or others, are factors in determining suitability for the communication device to operate as a cluster head. Preferably, a device performs a self-assessment regarding its ability level to operate as a cluster head based on a formula that assigns weights to each of the factors. Ordinarily, a device with a higher ability level is more desirable for selection as cluster head. As several devices may have a suitable ability level, the method includes the use of randomization in the cluster head determination process such that a device with a higher ability level is more likely to be selected as a cluster head. Upon assumption of cluster head status, the cluster head device communicates with neighboring devices to signal its cluster head status, to invite others to participate in the formation of a cluster. Thus, representative claim 8 does require a node self-initiating a self-assessment of its ability level to serve as a cluster head based on a formula that assigns weights to at least two 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007