Appeal 2007-0759
Application 10/177,732
ANALYSIS (1)
Appellant’s disclosed and claimed invention is completely silent as to
what is used to solve the algorithms and mathematical equations. The
Examiner mentions a computer, but we find no mention in the disclosure of
the use of such a device to solve the algorithms and equations (Answer 3).
Thus, the disclosure does not rule out the use of a pencil and paper to solve
the algorithms and equations. Even if a computer was used by Appellant,
we find that the solved result of the algorithms and equations is merely a
solved mathematical result that is never applied to something to produce
some kind of response or result. Thus, we agree with the Examiner that the
claimed invention is directed to a series of steps that are performed as a
“purely mathematical algorithm” (Answer 3). We additionally agree with
the Examiner’s conclusion that method claims that “merely manipulate an
abstract idea or perform a purely mathematical algorithm is [sic, are] non-
statutory despite the fact that it might inherently have some usefulness”
(Answer 3).
ISSUE (2)
Does Siala solve a set of linear equations to estimate a channel?
FINDINGS OF FACT (2)
Siala uses an Estimation-Maximization (EM) algorithm to construct
the most likely channel (col. 3, ll. 35 to 42). Siala is silent as to the use of
linear versus non-linear equations to construct the most likely channel. The
only mention of linear in Siala is in connection with a conventional Code
Division Multiple Access (CDMA) receiver that uses a linear estimation
algorithm (col. 13, l. 63 to col. 14, l. 7).
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