Appeal No. 2005-0305
Application No. 09/855,132
associated with subcarriers that are not assigned to modulate
data.” We do not agree with appellant’s arguments from this
quoted portion of the brief nor do we agree with appellant’s
additional urging at the bottom of page 16 of the brief that the
exclusion and mathematical operation is not implicit from the
language that states that an X-point IFFT is being performed
rather than N-point FFT according to the teachings of van Nee.
The scalablity of the OFDM system in van Nee is emphasized
in the abstract, summary of the invention, throughout the
disclosure as well as summarized again at the last column of this
patent. Included within the scalability teachings is the ability
of the control circuitry 15 in representative figure 1 for the
transmitter of van Nee’s device to scale the number of carriers.
The examiner’s arguments beginning at page 7 of the answer
characterize these scalability teachings as the ability to “scale
down” the number of carriers and thereby exclude carriers to
reduce implementation of the complexity of the system.
The summary of the invention contains two key indicators of
the substance of the subsequent detailed disclosure. The first
teaching in the paragraph bridging columns 1 and 2 of this
reference teaches that “a coded OFDM modulation system can be
designed with an upper limit on the number of carriers and a
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