Appeal 2007-1603
Application 10/036,356
while maintaining the modem performance. In the exemplary
embodiment of a code division multiple access (CDMA)
communication system, this minimization of transmission power
leaves more power for other channels using the same power amplifier,
while reducing interference to other users and systems on the same
and near-by frequencies.
(Tiedemann, Jr. col. 10, ll. 46-54). (Emphasis added.) From the above
teachings, it is clear that Tiedemann, Jr. teaches the use of a “transmission
quality target value” in the adjustment of the transmit power of the system.
With respect to the rejections under 35 U.S.C. §§ 102 and 103, the
Examiner incorporates the rejections as set forth in the Final Rejection,
mailed April 28, 2004. The Examiner expressly relies upon the teachings of
Tiedemann, Jr. as teaching:
a method for improving performance of a mobile radio
communication system using a power control algorithm (col. 3, lines
13-17), the method comprising, upon the occurrence of a significant
change in the required transmit power (col. 3, lines 20-26),
performing the step of changing the transmit power according to a
corresponding change in the required transmission quality target value
(i.e., transmitting at higher power or lower power due to propagation
path, col. 3, lines 27-38 and col. 4, lines 1-28), power control
algorithm is an inherent feature of in CDMA system.
(Final Rejection 2).
Here, we agree with the Examiner that the language of independent
claim 17 is rather broad. We find the language of independent claim 17
merely sets forth the step of “upon the occurrence of a significant change in
the required transmit power, performing a step of changing the transmit
power according to a corresponding change in the required transmission
quality target value." We find the Examiner has set forth a reasonable
interpretation of the claimed invention as recited in independent claim 17
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