Appeal No. 2000-1556
Application No. 08/771,426
means for receiving the mobile station transmitted
programmed hyperband selection criteria and operating to
process a neighbor list identifying cells in both the first
and second hyperbands neighboring the mobile station in view
of the received hyperband selection criteria to select for
the mobile station a hand-off to one of the neighboring
cells and an operation in either the first or second
hyperbands.
The Examiner relies on the following references in rejecting
the claims:
Leung et al. (Leung) 5,623,535 Apr. 22, 1997
(filed September 8, 1994)
Appellants’ Admitted Prior Art, pages 1-5.
Claims 38-42 and 47-50 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Leung in view of the admitted
prior art.
Rather than reiterate the viewpoints of the Examiner and
Appellants regarding the above-noted rejection, we make reference
to the answer (Paper No. 16, mailed September 13, 1999) for the
Examiner’s reasoning, the appeal brief (Paper No. 15, filed June
7, 1999) and the reply brief,(Paper No. 17, filed November 18,
1999) for Appellants’ arguments thereagainst.
OPINION
Appellants argue that the mobile station in Leung measures
and transmits specific statistics for the mobile station to the
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