Appeal No. 1997-1373
Application No. 08/478,811
Brief. In our view, the Examiner’s requirement for establishing
a direct physical link between the mathematical model and the
channel allocation system is misplaced since, as pointed out by
Appellant, no direct physical link exists because a mathematical
model, by its very nature, provides an analog to a physical
system. (Brief, page 9).
We further agree with Appellant that the present disclosure
does in fact provide a detailed description of the
correspondence between elements of the radio system base and
components of the heat bath. For example, Appellant’s
specification at pages 9 and 10 describes the analog
relationship between the radio system base stations and the
particles of a heat bath, as well as the relationship between
channels of the radio system and the various discrete states of
the particles. In addition, the relationship between the
interference range between base stations in the radio system and
the energy created by particle interaction in the heat bath is
described in detail at pages 11 and 12 of the specification.
We also find to be persuasive the comments made in the
Simpson declaration filed August 10, 1995 (Paper No. 19) under
37 CFR
8
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