Ex parte GORDON - Page 8




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


          With respect to the question of whether claim 23                            
          requires that the alteration step take place after fabrication              
          of the antenna, we agree with the examiner that claim 23 is                 
          not so limited.  The claim recites the steps of providing a                 
          substrate of a certain type and altering dimensions of the                  
          tabs on the substrate.  We agree with the examiner that the                 
          Schnetzer substrate shown in Figure 8 is initially provided                 
          without the indentations which are etched after the slots have              
          been formed [column 8, lines 28-41].  As the indentations 137               
          are etched in Schnetzer at the time of fabrication, the step                
          of altering the dimensions of the indentations after the                    
          substrate has been provided is satisfied as recited in claim                
          23.                                                                         
          With respect to the question of whether the claimed                         
          invention requires that the method adjust two frequencies of a              
          dual frequency cavity backed slot antenna, we agree with                    
          appellant.  The preamble of claim 23 recites that the method                
          is for tuning a dual frequency cavity backed slot antenna.                  
          Step (b) recites that the altering of dimensions adjusts “the               
          frequency” of “said antenna.”  The phrase “the frequency” must              
          refer to the dual frequency of the preamble, and the phrase                 
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