Ex parte MAHON - Page 6




               Appeal No. 1998-0180                                                                                                 
               Application No. 08/471,309                                                                                           

               the reference.   The argument which comes closest to the terms of the rejection appears on pages 203                                                                                                      

               and 21 of the Brief (nominally in response to the rejection under 35 U.S.C. § 103), wherein appellant                

               speaks of coaxial waveguides 58 and 60.  In any event, we will assume that those arguments were                      
               presented to be responsive to the instant rejection -- anticipation in view of waveguides 54 and 56.  4              

                       Appellant contends first that if the coaxial waveguides in Figure 7 of Liu had “approximately the            

               same” dispersion, as required by Claim 1, then the radii would not have the relative dimensions as                   

               shown in the figure, but would have, based upon appellant’s calculations, the relative dimensions as                 

               shown in Figure A5 appended to the Brief.  (See Brief, page 20 and 21.)  However, as the examiner                    

               correctly points out (see Answer, page 12), Figure 7 of Liu cannot be considered as representative of                

               the actual relative dimensions of the waveguide radii.  The figures are not disclosed as being drawn to              

               scale, and conclusions cannot be drawn based on the drawings alone.  See In re Wright, 569 F.2d                      

               1124, 1127, 193 USPQ 332, 335 (CCPA 1977) ("Absent any written description in the specification                      

               of quantitative values, arguments based on measurement of a drawing are of little value.”); In re Wilson,            

               312 F.2d 449, 454, 136 USPQ 188, 192 (CCPA 1963) ("Patent drawings are not working drawings                          





                       3In this regard, we note that the bulk of appellant’s arguments in the Brief and Reply Brief are based       
               on the assumption that Figure 7 of Liu discloses a circular waveguide within a coaxial waveguide, which is           
               not germane to the second interpretation.                                                                            
                       4Appellant acknowledges the examiner’s interpretation on pages 7 and 8 of the Reply Brief, but               
               returns to arguments concerning hollow waveguides.                                                                   
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