Ex parte ITO et al. - Page 8




          Appeal No. 95-3900                                         Page 8           
          Application No. 07/978,030                                                  
          elements, all arranged as claimed."  (Paper 21 at 3.)  This                 
          finding is consistent with Rammos' subarrays.  (5:44-58;                    
          Figs. 9-11.)  Consequently, the preponderance of evidence                   
          supports the examiner's rejection of these claims.                          
               Claim 10 recites a frequency ("approximately 12 GHz") and              
          a specific concavity spacing (5 mm).  One-quarter wavelength                
          at 12 GHz is 6.25 mm.  (Rammos 5:12-13.)  Rammos discloses                  
          only a 12 GHz array.  Thus, a person having ordinary skill in               
          the art would have been motivated to apply any of Rammos'                   
          embodiments to a 12 GHz array.  Rammos teaches the use of a                 
          spacing distance between the printed circuit and the ground                 
          plane, H  (4:4-6), such that H  is at least 1 mm andL                    L                                             
          "about / ", which at 12 GHz is 6.25 mm.  (5:7-17.)  The8                                                                    
                  4                                                                   
          teaching of about is sufficient to motivate a person having                 
          ordinary skill in the art to optimize H  starting at 6.25 mm.               
                                                 L                                    
          Since thickness is a matter of concern in the art, the artisan              
          would have been motivated to find an effective value below                  
          6.25 mm.  To the extent there is any criticality associated                 














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