Appeal No. 2000-1556 Application No. 08/771,426 and col. 11, line 44-57). Therefore, Leung is merely concerned with efficient allocation of system resources based on the processed statistics that determine a cell-level hierarchy and how the calls should be distributed among the base stations by selection between macrocell or microcell operation. However, Leung discloses nothing related to hyperband selection criteria programmed into the mobile unit and the operation of the communications system on either a first hyperband or a second hyperband in view of the hyperband selection criteria. The admitted prior art, on the other hand, teaches that cellular communications on different hyperbands may exist for mobile stations that are capable of operating in multiple hyperbands. Additionally, the admitted prior art points to the need for controlling overlapping or adjacent cells in different hyperbands by stating in page 6, lines 1-10, that: It would be beneficial if the cellular communications system were configured from both the system and terminal point of view to allow multiple hyperband capable mobile stations to operate seamlessly between the available hyperbands. At the same time, however, some control over which hyperband and frequency band therein that are accessed by the mobile station must be maintained in order to avoid subscriber surcharges and enable service providers to derive revenue from use of their own bands. 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007