Appeal No. 2005-0305
Application No. 09/855,132
variable system duration. The control circuitry can dynamically
scale the number of carriers below the upper limit on the number
of carriers.” Column 1, lines 63 through 67. The second portion
of the summary at column 2, lines 14 through 17, teaches “the
mobile units can have lower data rates than the base stations by
allocating only a fraction of the total number of carriers to
each mobile, while the base stations transmit at all carriers
simultaneously.” This latter teaching is with respect to the
operability of the system in figure 5.
The key features of representative independent claim 1 on
appeal is that the discrete frequency transformation is only
applied to the number of subcarriers of a predetermined set of
carriers, where the discrete frequency transformation only occurs
for those subcarriers that are to modulate the actual data, with
the additional requirement that any remaining subcarriers not
assigned to modulate the data are excluded from the mathematical
transformation operations.
These features are implicit within the teachings beginning
at column 1 of van Nee. It is clear that OFDM operations occur
with respect to N orthogonal carriers as known in the prior art
as discussed at column 1, lines 14 through 16. The initial lines
of column 3 of van Nee also indicate that for purposes of the
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