Cannot use ap and sta mode on same interface with ath9k and kernel 3.8.13 :-(

[Beat Meier <mbe_ml@swiss-wireless.com.ar>]

Hi

I'm using an WLM200NX card in master mode ath1 and want to do scanning
on the same interface.
I'm using ath9k on 3.8.13 kernel (voyage-linux)

So I setup an additional  interface in sta mode with
  iw phy phy1 interface add ath2 type managed
This works but the interface is not coming up.
I tried several things like
auto ath2
iface ath2 inet static
        address 10.58.1.1
        netmask 255.255.255.0
        wireless-mode Managed
        wpa-conf /etc/wpa_supplicant.conf.WPA-PSK

But wpa_spplicant comes with error:
  wpa_supplicant: /sbin/wpa_supplicant daemon failed to start
  run-parts: /etc/network/if-pre-up.d/wpasupplicant exited with return
code 1
  RTNETLINK answers: Name not unique on network
  Failed to bring up ath2.

I can setup monitor mode but I want to scan to see what other equipment
is on which channel ...

What's the problem? With ath9k I cannot use ap and sta mode together???

Thanks

Beat