Ex Parte Thomson - Page 3

                Appeal 2007-0759                                                                                
                Application 10/177,732                                                                          
                that Siala does not solve a set of linear equations to estimate the channel (Br.                
                6; Reply Br. 4 and 5).                                                                          
                       We hereby sustain the nonstatutory subject matter rejection, and                         
                reverse the prior art rejections.                                                               
                                                  ISSUE (1)                                                     
                       Is the claimed method of estimating a channel directed to statutory                      
                subject matter under 35 U.S.C. § 101?                                                           
                                          FINDINGS OF FACT (1)                                                  
                       According to Appellant’s disclosure, the first step of employing one                     
                or more basis functions that describe said channel based on statistics of the                   
                channel is determined by solving a Karhunen-Loeve expansion algorithm                           
                (Specification 2).  The step of employing one or more waveforms that are                        
                matched to the channel uses Slepian mathematical sequences or similar                           
                sequences (Specification 2).  The step of solving linear equations to estimate                  
                the channel is performed by solving channel estimation coefficient equations                    
                (Specification 8 to 13).  After solving the algorithms and equations, the                       
                result can be used as one of the inputs to the multiplexer 430 in the                           
                transmitter (Figure 4).                                                                         
                                          PRINCIPLE OF LAW (1)                                                  
                       A method or process claim that applies a mathematical algorithm to                       
                “produce a useful, concrete, tangible result without pre-empting other uses                     
                of the mathematical principle, on its face the claimed process comfortably                      
                falls within the scope of § 101.”  AT&T Corp. v. Excel Communications,                          
                Inc., 172 F.3d 1352, 1358, 50 USPQ2d 1447, 1452 (Fed. Cir. 1999).                               




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