Ex Parte Thomson - Page 2

                Appeal 2007-0759                                                                                
                Application 10/177,732                                                                          
                that are matched to the channel.  The method estimates coefficients for the                     
                basis functions using real-time data by solving a set of linear equations to                    
                thereby estimate the channel (Specification 2 and 3).                                           
                       Claim 1 is representative of the claims on appeal, and it reads as                       
                follows:                                                                                        
                       1. A method for estimating a channel, comprising the steps of:                           
                       employing one or more basis functions that describe said channel                         
                based on statistics of said channel;                                                            
                       employing one or more waveforms that are matched to said channel;                        
                and                                                                                             
                       estimating coefficients for said basis functions using real-time data by                 
                solving a set of linear equations to estimate said channel.                                     
                       The prior art relied upon by the Examiner in rejecting the claims on                     
                appeal is:                                                                                      
                Alard     US 6,263,029 B1   Jul. 17, 2001                                                       
                Siala    US 6,674,740 B1   Jan. 6, 2004                                                         
                                                             (filed Aug. 13, 1999)                              
                       The Examiner rejected claims 1 to 17 under 35 U.S.C. § 101 as being                      
                directed to nonstatutory subject matter.  The Examiner rejected claims 1, 2, 4                  
                to 9, 13, and 17 to 20 under 35 U.S.C. § 102(e) based upon the teachings of                     
                Siala.  The Examiner rejected claim 10 under 35 U.S.C. § 103(a) based upon                      
                the teachings of Siala and Alard.                                                               
                       Appellant contends that the nonstatutory subject matter rejection is                     
                without merit because the claimed “transformation to a channel estimate or                      
                in-band estimate provides a useful, concrete and tangible result” (Br 5;                        
                Reply Br. 3).  With respect to the prior art rejections, Appellant contends                     


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