Ex Parte TURCOTTE et al - Page 11



          Appeal No. 2000-1556                                                        
          Application No. 08/771,426                                                  

          admitted prior art, as suggested by the Examiner, are not shown.            
          We note that independent claim 47 recites the steps of                      
          programming mobile stations with “hyperband selection criteria”             
          and “an operation in a selected one of the multiple hyperbands,”            
          which are neither taught nor suggested by the prior art, as                 
          discussed above with respect to claim 38.  Accordingly, we do not           
          sustain the 35 U.S.C. § 103 rejection of independent claims 38              
          and 47, as well as claims 39-42 and 48-50 dependent thereupon,              
          over Leung and the admitted prior art.                                      

















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