Ex parte BYRNE - Page 14




          Appeal No. 1999-1109                                                        
          Application No. 08/359,904                                                  


               The Examiner rejects claims 11-13, and 21 as anticipated               
          by Chia on page 7 of the Examiner’s answer.  Particularly, the              
          Examiner makes reference to pages 8 and 13 and Figure 1 of Chia.            
          Appellant again argues, brief at pages 10-12, that claims 11, 12            
          and 21 call for two distinct radio telephone systems and                    
          handover occurs when the velocity of the telephone exceeds a                
          threshold velocity.  However, we find that in each of these                 
          claims                                                                      
          there is a macro cellular telephone system and a micro cellular             
          telephone system, and depending upon the threshold velocity, a              
          handover occurs among one type of cellular system or across the             
          two different types of cellular systems involving the micro and             
          macro cells.  We agree with the Examiner that Chia shows such a             
          system in Figure 1 and describes it in more detail on pages 8               
          and 13 of the disclosure.  Chia, for example, states that its               
          system is arranged to determine, from a look-up table of stored             
          templates of conditions for handover, whether a handover between            
          base stations and between macro and microcells is appropriate,              
          see abstract.  The  look-up table is based on the velocity of               
          the telephone unit.  Therefore, we agree with the Examiner that             
          Chia anticipates claims 11-13 and 21.                                       
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