Appeal No. 95-0323
Application 08/051,928
the information pool are determined by a process of
manipulating N values in an original set into pool entry
values which are related in the desired random manner. These
random values in the information pool are then used to
generate actual frequency outputs. We are of the view that
the step of generating frequency outputs for hopping in a
frequency hopping radio clearly has practical utility. Even
if the “mathematical algorithm” by which the values in the
information pool are determined can be considered an abstract
idea, that abstract idea is clearly employed in a useful way.
The invention of claim 1 is not directed to the mere
computation of values which form the information pool, but
rather, to the physical and useful step of using these values
to generate a frequency output which is used for hopping in a
frequency hopping radio. Since the claimed invention has
practical application for the reasons just discussed, we do
not sustain the rejection of independent claim 1
under 35 U.S.C. § 101. Since claims 2-10 depend from claim 1,
we also do not sustain the rejection of these claims.
The decision of the examiner rejecting claims 1-10 is
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