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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007