Ex Parte TURCOTTE et al - Page 2



          Appeal No. 2000-1556                                                        
          Application No. 08/771,426                                                  

          mobile station capable of operating in multiple hyperbands.  As             
          the mobile station moves through a plurality of cells operating             
          either in a first hyperband or a second hyperband, the mobile               
          station may change the base station as well as the hyperband over           
          which the communication is performed (specification, page 13).              
          The mobile station is programmed with hyperband and/or frequency            
          band selection criteria which is transmitted to a base station or           
          system server (specification, page 18).  The system server                  
          receives the mobile station’s programmed selection criteria and             
          identifies a list of neighboring cells across each of the                   
          hyperbands for hand-off (specification, page 26).  The list is              
          processed in view of the received mobile station selection                  
          criteria to select one of the cells in a hyperband and frequency            
          band for hand-off according to the received criteria (id.).                 
               Representative independent claim 38 is reproduced as                   
          follows:                                                                    
                    38. A multiple hyperband cellular communications                  
               system, comprising:                                                    
                    a plurality of cells operating in a first hyperband;              
                    a plurality of cells operating in a second hyperband;             
                    a mobile station moving through the cells of the first            
               and second hyperbands and programmed with hyperband                    
               selection criteria and operating to transmit its programmed            
               hyperband selection criteria;                                          
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