Appeal No. 2000-1556
Application No. 08/771,426
base station for selecting between macrocell and microcell
operation (brief, page 7). Appellants further assert that Leung
does not disclose or suggest operation on different hyperbands
and instead, is concerned with macrocell or microcell assignment
based on mobility determination for the mobile station (brief,
pages 7 & 8 and reply brief page 4). Although Appellants
recognize the discussion of different hyperbands in the admitted
prior art, Appellants assert that the admitted prior art merely
discusses the existence of different hyperbands and does not
address the deficiencies of Leung (brief, page 8). Additionally,
Appellants point out that neither programming the mobile station
with hyperband criteria nor operation on different hyperbands is
addressed in the admitted prior art (id.). In particular,
Appellants assert that the desire to provide additional services
does not suggest modifying Leung’s method of allocating mobile
stations to macrocells or microcells by operating the microcells
and macrocells on different hyperbands (brief, pages 9 & 10 and
reply brief, page 3).
In response to Appellants’ arguments, the Examiner asserts
that although Leung fails to disclose different hyperbands, the
admitted prior art discloses the use of multiple hyperbands for
operating the mobile station. The Examiner relies on the
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