Ex Parte DELAVEAUD et al - Page 14




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

          suitably selecting the width of the inner conductor and the                 
          height from the conductor ground plane (col. 4, lines 36-40).               
               It does not appear that Shibano is a monopole antenna, as              
          claimed, because it produces a standing electric field                      
          distribution around the conductor disc (col. 3, lines 46-47)                
          which provides radiation directivity, rather than having the                
          plurality of conductor wires connecting the capacitor top to the            
          ground plane produce the electric field.  Because Shibano seems             
          to be a different kind of antenna, we do not find any motivation            
          to combine the antenna structure of Shibano with the other                  
          references even though the stacked discs in Fig. 8(d) look                  
          similar to appellants' Fig. 2a and even though the examiner is              
          correct that Fig. 8(d) broadly shows connection of a coaxial                
          probe to the top capacitor plate and the outer conductor to the             
          ground plane and even though claims 4-7 do not recite that the              
          capacitor tops are stacked.  Accordingly, the rejection of                  
          claims 4-7 and 9 over Nishikawa or Reggia or Goubau, each in view           
          of Shibano, is reversed.  It is noted that the previous rejection           
          of claim 4 over Goubau alone is maintained because claim 4 does             
          not distinguish over the multiple top arrangement of Goubau and             
          because the rejection of claim 4 over Goubau alone has not been             
          argued.                                                                     


          Nishikawa or Reggia or Goubau in view of Parham                             

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