Ex Parte DELAVEAUD et al - Page 10




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

               First, it is argued that the lower end of the feeding                  
          poles 20 should be grounded and the excitation site moved from              
          the bottom end of the poles 20 to the top of one of the poles 20            
          on the first capacitive plane, and the series inductances must be           
          short circuited to produce the present invention (Br9; Br10).               
               Claim 10 recites "a capacity top adapted to be directly                
          connected to a generator or to a receiver via a feed wire," but             
          does not recite how the capacity top is "adapted" to be                     
          connected.  The claim does not recite that a coax feed probe is             
          connected to the capacity top.  The conductors 20 in Goubau                 
          directly connect the capacitor plates to the input terminal                 
          (i.e., the generator) and no modifications are necessary to meet            
          the limitation of "a first radiating element in the form of a               
          capacity top adapted to be directly connected to a generator or             
          to a receiver via a feed wire."  Appellants have not said what              
          language in claim 10 requires the short circuiting of the series            
          inductances and so has not shown error in the rejection.                    
               Second, it is argued that the first LC circuit is a series             
          LC circuit which is grounded at one end and excited at another              
          end, whereas the presently claimed LC circuit is a parallel LC              
          circuit grounded at both ends and excited at an intermediate                
          point (the capacitor plate) (Br9; Br10).                                    
               The examiner responds that series and parallel LC circuits             
          are not at issue because they are not positively claimed (EA11;             

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