Ex Parte Jacobsen - Page 4



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

          operations that are associated with the assigned subcarriers and            
          does not perform such mathematical operations that are associated           
          with unassigned subcarriers.  Moreover, appellant’s argued                  
          teachings at specification, page 9, lines 19 through 25,                    
          essentially define DFT and IDFT as respectively Discrete                    
          Frequency Transformations and Inverse Discrete Frequency                    
          Transformations consistent with the above noted teachings which             
          modify well known FFT and IFFT transforms of the prior art.                 
               It is thus apparent to us that the disclosure as filed                 
          clearly is not indefinite as argued by the examiner and is clear            
          to the artisan since it builds upon what is known in the prior              
          art.  That a “discrete frequency transformation” may refer either           
          to a DFT or an IDFT does not render the claims indefinite for               
          reciting Discrete Frequency Transformations in a general sense              
          by the mere use of the alternative since the artisan clearly can            
          reasonably determine the metes and bounds (the limit being two              
          choices) of the nature of the claimed subject matter based upon             
          the disclosure and the artisan’s own understanding of the prior             
          art.  Therefore, the decision of the examiner rejecting claims              
          1 through 30 under 35 U.S.C. § 112, second paragraph, is                    
          reversed.                                                                   

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