Ex parte ITO et al. - Page 6




          Appeal No. 95-3900                                         Page 6           
          Application No. 07/978,030                                                  
          circuit substrate 23, and spacers 63 and 64.  The examiner                  
          identifies foam layer 62 as the upper plate with holes.                     
          Appellants never specifically challenge this finding (see                   
          Paper 23 (App. Br.) at 3).  We agree with the examiner's                    
          rejection subject to the following amplification.  Rammos'                  
          claim 11 (with its antecedents) teaches the use of an upper                 
          plate ("layer of conductive material formed on and supported                
          by said sheet of dielectric material", claim 1) in conjunction              
          with "means ... for forming cavities" (claim 11) and the use                
          of apertures in the spacer dielectric materials (claims 4                   
          and 10).  Moreover, Rammos contemplates a cavity depth                      
          measured from the upper conductive layer of approximately one               
          quarter wavelength (Claim 1).  See In re Geisler, 116 F.3d                  
          1465, 1469-70, 43 USPQ2d 1362, 1365 (Fed. Cir. 1997) (A                     
          claimed range may be obvious in view of a close prior art                   
          value absent unexpected results or a teaching away.)   Even if              
          Rammos used exactly one-quarter wavelength, once the thickness              
          of the sheet of dielectric material is factored in, the depth               
          of the cavity from the printed patterns will be less than one-              
          quarter wavelength.  Consequently, we affirm the rejection of               




          showing on the record before us.                                            





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