Appeal No. 2000-1556
Application No. 08/771,426
Thus, the admitted prior art merely points to the existence of
overlapping or adjacent cells in different hyperbands, but
clearly states the need for configuring the communications system
such that the mobile station may operate between different
hyperbands.
Based on our findings above, we disagree with the Examiner’s
arguments that Leung’s mobility index, which is generated by the
mobile unit based on the operation of the mobile unit, is the
same as the claimed hyperband selection criteria programmed into
the mobile station. The programming of Leung’s mobile unit to
monitor and process the collected statistics for generating a
mobility index, as pointed out by Appellants (reply brief, pages
4 & 5), determines the handoff to either a macrocell or a
microcell base station and is unrelated to programming a mobile
station with hyperband selection criteria. The claimed hyperband
selection criteria is further used to process “a neighbor list
identifying cells in both the first and second hyperbands” and
“an operation in either the first or second hyperbands.” We also
agree with Appellants that Leung includes no indication that the
disclosed macrocell and microcell systems operate on different
hyperbands or whether the mobile unit is capable of operating on
different hyperbands (brief, pages 7 & 8). Additionally, the
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