Patent ID: 7852876

Claim:
An apparatus for a mobile station operable in a Universal Mobile Telephone Service (UMTS) cellular communication system, the mobile station selectably operable to communicate data by way of a radio bearer configured as a packet switched connection and by way of the radio bearer configured as a circuit switched connection, and the mobile station including a protocol stack, the protocol stack having an upper layer, a lower layer, and at least one mid-stack layer positioned between the upper layer and the lower layer, said apparatus for sending data between the upper layer and the lower layer, said apparatus comprising: a radio bearer configuration determiner adapted to receive an indication of a radio bearer capability information element (IE), said radio bearer configuration determiner for determining, responsive to the indication of a radio bearer capability IE at least whether the radio bearer is configured as a packet switched connection or as a circuit switched connection, and also responsive to the indication of a radio bearer capability (IE) whether to select sending of the data through the at least one mid-stack layer during operation of the mobile station to communicate the data, where said at least one mid-stack layer comprises a Medium Access Control (MAC) layer and a Radio Link Control (RLC) layer; and a data sender instructor adapted to receive an indication of determination by said radio bearer configuration determiner, said data sender instructor configured to instruct sending of the data through the MAC layer and the RLC layer when the determination made by said radio bearer configuration determiner indicates configuration of the radio bearer as a packet switched connection, and, alternatively, to instruct sending of the data directly between the upper layer and the lower layer when the determination made by said radio bearer configuration determiner indicates configuration of the radio bearer as a circuit switched connection, wherein the MAC and RLC layer are bypassed.