Ex Parte Jacobsen - Page 1



               The opinion in support of the decision being entered today was not     
               written for publication and is not binding precedent of the Board.     
                                                                                     
          Paper No. 16                                                                

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   ________ _____                                     
                            Ex parte ERIC A. JACOBSEN                                 
                                    _____________                                     
                                Appeal No. 2005-0305                                  
                             Application No. 09/855,132                               
                                   ______________                                     
                                     ON BRIEF                                         
                                   _______________                                    
          Before THOMAS, GROSS, and BARRY, Administrative Patent Judges.              
          THOMAS, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               Appellant has appealed to the Board from the examiner’s                
          final rejection of claims 1 through 30.                                     
               Representative claim 1 is reproduced below:                            
                    1.  A method comprising:                                          
                    basing a discrete frequency transformation on the                 
               number of subcarriers in a predetermined set of subcarriers,           
               one or more subcarriers of the set assigned to modulate data           
               and the remaining subcarriers of the set not assigned to               
               modulate the data;                                                     






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