Ex Parte TURCOTTE et al - Page 7



          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.                                                


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