Ex parte MILESKI et al. - Page 8




          Appeal No. 96-1637                                                          
          Application 08/130,940                                                      


          environment.                                                                
          In Figure 8, Rogers illustrates an antenna wire on and along an             
          upper surface of a sea environment.  Whereas sea ice is only sea            
          water reduced to the solid state, it is considered that Rogers              
          would have suggested to one of ordinary skill in the art the use            
          of Rogers’ antenna on the surface of sea ice.                               
                    Regarding claim 2, appellants’ argument that Rogers does          
          not teach a tuner is not well taken.  Elements such as capacitors           
          13 and 14 comprise a tuner.  Clearly, each of Rogers’                       
          communication stations needs a tuner to receive incoming signals            
          at receiver 12.                                                             
                    With respect to dependent claim 7 and independent claim           
          14, Rogers discloses at column 3, lines 1-11, that antenna wire 16          
          is preferably in contact with the earth and constitutes a ground            
          connection along its entire length.  Thus, in using the term                
          “preferably”, Rogers suggests another arrangement, that not                 
          preferred, where the antenna wire would be ungrounded.  As to               
          claims 10, 11 and 13, Rogers shows in Figures 2 and 3 an antenna            
          formed from first and second wires extending in opposite                    
          directions.                                                                 
                    As to dependent claim 3, the examiner’s position that it          
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