Appeal No. 2005-0305
Application No. 09/855,132
ensuing discussion throughout the patent, the number of carriers
considered to be a maximum is also the same number (N). The
detailed discussion of how the control circuitry 15 in figure 1
scales the number of carriers begins at column 5, line 58. The
discussion at lines 60 through 62 teaches the control circuitry
15 scales the number of carriers by transmitting a subset of the
maximum number of carriers designed for the particular OFDM
system, the emphasis being upon the use of the words
transmitting and subset. This is also discussed at column 6,
lines 10 through 18. The example given at lines 12 through 17 is
significant when it states that “the N-points IFFT 16 can be
dynamically reduced to a X-points IFFT 16 where X < N. In this
particular example, the IFFT 16 is designed to handle the end
carriers as the maximum number of carriers and dynamically scaled
to less than N carriers by performing an X-point IFFT 16.”
It is thus clear to the artisan and to us that of the
maximum number of N usable subcarriers in the “set of
subcarriers” as set forth in claim 1 on appeal, the subset of
X subcarriers is actually utilized for performing X-point Inverse
Fast Fourier Transform mathematical operations in the same manner
as set forth in claim 1 on appeal. It is thus clear as well from
the showing in figure 2 and the statement at column 6, lines 55
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