Ex Parte Schmidl et al - Page 2

               Appeal 2007-1481                                                                             
               Application 09/915,091                                                                       

                      We affirm.                                                                            
                      Appellants’ invention relates to identifying sufficient bandwidth                     
               which is free of interference for use in wireless communications.  Appellants                
               passively monitor a plurality of frequency bands, and select a wide                          
               frequency band made up of a selected plurality of frequency bands judged to                  
               be free of interference.                                                                     
                      Claims 1 and 13 are exemplary:                                                        
                      1. A method of selecting a plurality of frequency bands for use                       
               in a desired wireless communication from among a plurality of                                
               frequency bands available to be used for the desired wireless                                
               communication, comprising:                                                                   
                      passively monitoring the plurality of frequency bands to                              
               determine interference information for each of the frequency bands;                          
                      combining the interference information of said each of the                            
               frequency bands to produce a signal quality indication; and                                  
                      selecting the plurality of frequency bands for the desired                            
               wireless communication in response to the signal quality indication.                         
                      13. A wireless communication station, comprising:                                     
                      an antenna for use in wireless communications;                                        
                      a band selection controller coupled to said antenna for selecting                     
               a frequency band for use in a desired wireless communication from                            
               among a plurality of frequency bands available to be used for the                            
               desired wireless communication;                                                              
                      said band selection controller operable for passively monitoring                      
               at least one of the available frequency bands to determine whether the                       
               at least one frequency band is acceptable for the desired wireless                           
               communication;                                                                               

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