TS3992 I bought iPhone 5 but cannot delete iPhone 4S back up because it says it is in use

Help, I bought an iPhone 5 yesterday but cannot back it up to the cloud, because it says there is no room.  I tried deleting the last back up from iPhone 4S but it will  not delete because it says it is in use.

I don't know about the "can't delete" issue, but as to the storage problem...
The problem could be that you don't have enough storage on the device itself, not on iCloud.  Go to Settings>General>Usage to see how much "Storage" you have available on the device.  Farther down the list is the available storage on iCloud.
Also check:
Go to Settings>iCloud>Storage & Backups>Manage Storage; there, tap the device you need info on and the resulting screen lists Backup Options with which apps store data on iCloud as well.  Tap Show All Apps to get the complete list of apps and MB used for backup storage.
A device needs many MB of storage in order to perform a backup to iCloud.
Also see:  http://support.apple.com/kb/ht4847`

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