Appeal No. 1996-3960
Application No. 08/380,444
Cir. 1983), cert. denied, 469 U.S. 851 (1984). A reference
anticipates a claim if it discloses the claimed invention
"such that a skilled artisan could take it’s teachings in
combination with his own knowledge of the particular art and
be in possession of the invention." In re Graves 69 F.3d
1147, 1152, 36 USPQ2d 1697, 1701 (Fed. Cir. 1995) (citing In
re LeGrice, 301 F.2d 292, 293, 133 USPQ 365, 372 (CCPA 1962)).
Appellant asserts, on page 6 of the Appeal Brief (brief),
that independent claims 1 and 3 recite that the lower
frequency is fed to the antenna by a second waveguide
capacitively coupled to the antenna. Appellant argues that
Gilbert does not teach that there is a capacitive coupling
between the antenna and the low frequency feed. Rather,
Appellant asserts that Gilbert teaches a direct coupling
between the feed for the low frequency and the antenna.
Further, Appellant asserts that Gilbert’s dielectric material,
item 15, between sections 13 and 14 does not perform the
claimed function of coupling the lower frequency to the
antenna.
The Examiner asserts, on page 4 of the Examiner’s Answer
(answer), that Gilbert teaches:
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