Ex Parte DELAVEAUD et al - Page 7




          Appeal No. 2001-1536                                                        
          Application 08/428,256                                                      

          which passes through the ground plane (not a capacitor) and                 
          electrically connects to the capacitor top in a direct manner               
          (Br7).  It is further argued that there is nothing to suggest               
          that Reggia's radiation is monopole (Br7).                                  
               The examiner responds that the bottom plate 84 is a ground             
          plate and feed pin 92 is a feed wire which passes through the               
          ground plate (EA9-10).  "Therefore, the conductive elements in              
          Reggia are functionally and electrically equivalent to                      
          appellant's disclosed antenna, particularly the antenna claimed."           
          (EA10.)  The examiner presents extensive discussion about                   
          "dipolar" and "monopole" (EA6-10) and finds that Reggia discloses           
          a monopole antenna because "it produces an omnidirectional                  
          radiation pattern and radiates vertical polarization" (EA10).               
               We agree with the examiner that bottom plate 84 could be               
          termed a ground plate, although the plates 82 and 84 are                    
          described as capacitor plates (col. 4, line 18) and the top                 
          plate 82 is described as being only slightly smaller than the               
          bottom plate (col. 2, lines 11-17, in connection with plates 12             
          and 14 in Fig. 1).  We also agree with the examiner that the                
          pin 92 can be considered a feed wire and that the claim language,           
          "a capacity top adapted to be directly connected to a generator             
          or to a receiver via a feed wire," does not distinguish over the            
          arrangement of the feed pin 92 connecting to the top plate 82 via           
          the capacitor 90.                                                           

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