Ex parte PALMITER et al. - Page 7




          Appeal No. 96-0423                                                          
          Application 08/126,439                                                      


          to suggest an East-West changeability of the antenna, thus                  
          suggesting an ability to perhaps move the antenna with respect              
          to hour angle changes.  This teaching and showing have not                  
          been relied upon by the examiner and there is no clear                      
          teaching anyway in this portion of Gorton that any East-West                
          movement of the antenna would be on a periodic, oscillatory                 
          basis as required by claim 3 on appeal for the hour angle                   
          feature recited.                                                            
               Therefore, the rejection of claims 3, 10, 11 and 15                    
          through 17 under 35 U.S.C. § 102 as being anticipated by                    
          Gorton is also reversed.                                                    
               Finally, we turn to the rejection of claims 3, 10, 11,                 
          and 15 through 18 under 35 U.S.C. § 103.  As noted earlier,                 
          Longhurst specifically and explicitly indicates that there is               
          a periodic declination oscillatory action of the antenna while              
          it generally remains fixed with a constant hour angle.  The                 
          discussion at columns 1 and 2 of Longhurst suggests that this               
          action is tolerable for an antenna arrangement of small size                
          to adequately sense signals from geostationary satellites.                  
          However, the teaching at column 2, beginning at line 10 by                  
          inference would have indicated to the artisan that an entirely              
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