Appeal No. 97-4154 Page 5
Application No. 08/292,418
Fujisawa’s antenna is completely closed. The examiner may not
dissect the antenna disclosed by Fujisawa and rely on only one
section thereof to anticipate the claimed antenna. Clearly,
since Fujisawa’s antenna, as a whole, is not U-shaped in
structure, it does not have two opposed ends located at the
same end of the band, as required by independent claim 8.
Accordingly, Fujisawa does not anticipate the instant
claimed subject matter within the meaning of 35 U.S.C. 102(e).
Further, we find no suggestion to modify Fujisawa’s antenna in
order to result in the claimed subject matter within the
meaning of 35 U.S.C. 103.
The examiner’s decision rejecting claims 8, 9, 11 through
16 and 18 through 21 under 35 U.S.C. 102(e) and rejecting
claims 10 and 17 under 35 U.S.C. 103 is reversed.
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