Ex parte GORDON - Page 6




          Appeal No. 1997-3164                                                        
          Application 08/397,024                                                      


          examiner observes that Schnetzer teaches that the indentations              
          137 may be adjusted as needed.  The examiner concludes that it              
          would have been obvious to adjust the dimensions of the                     
          indentations 137 in Schnetzer in order to alter the frequency               
          characteristics of the antenna as taught by Schnetzer [id.].                
          Appellant argues that the claimed invention operates                        
          to tune both frequencies of a dual frequency antenna.                       
          Appellant also argues that the altering step of the invention               
          must take place after assembly of the antenna and that such                 
          post-assembly alteration is not taught or suggested by                      
          Schnetzer [main brief].  The examiner responds that all                     
          antennas operate at two frequencies.  The examiner also argues              
          that the claim does not require that the alteration of                      
          dimensions take place after assembly of the antenna.                        
          According to the examiner, adjustments made to the                          
          indentations 137 in Schnetzer at the time of manufacture would              
          satisfy the language of the claims [initial answer].                        
          Appellant responds that the claims are inherently                           
          limited to an antenna that provides a dual frequency output.                
          Appellant also reiterates that the invention requires that the              
          slots be alterable after fabrication of the antenna.                        
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