Ex Parte Jacobsen - Page 2



          Appeal No. 2005-0305                                                        
          Application No. 09/855,132                                                  

                    performing the discrete frequency transformation on the           
               data to modulate the data; and                                         
                    excluding from the transformation mathematical                    
               operations associated with the subcarriers not assigned to             
               modulate the data.                                                     
               The following references are relied on by the examiner:                
          van Nee                      6,175,550             Jan. 16, 2001            
          Böhnke                       6,535,501             Mar. 18, 2003            
          (filed Nov.  5, 1998)                                                       
               Claims 1 through 30 stand rejected under the second                    
          paragraph of 35 U.S.C. § 112.  The basis of this rejection is the           
          examiner’s view that the limitation “discrete frequency                     
          transformation” is unclear because it is not described in the               
          specification or well known in the art.                                     
               Claims 1 through 8, 10 through 18, 20 through 28 and 30                
          stand rejected over prior art.  As to claims 1 through 7, 10                
          through 17, 20 through 27 and 30, the examiner has rejected these           
          claims under 35 U.S.C. § 102(e) as being anticipated by van Nee.1           
          A separately stated rejection of dependent claims 8, 18 and 28              
          under 35 U.S.C. § 103 relies upon van Nee in view of Böhnke.                



               1The bottom of page 2 of the answer indicates the examiner             
          has withdrawn the rejection of claims 9, 19 and 29 under                    
          35 U.S.C. § 102(e).                                                         
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