Appeal No. 1997-3164
Application 08/397,024
“said antenna” must refer to the dual frequency cavity backed
slot antenna of the preamble. Thus, the altering step of
claim 23 clearly applies the method to the specific antenna
set forth in the preamble of claim 23. Appellant argues that
this specific antenna is defined in the specification as an
antenna which operates at two frequencies which can be
simultaneously tuned.
The examiner finds obviousness based upon his
observation that “all antennas operate at two frequencies”
[answer, page 4], or that “all antennas may operate at more
than one frequency” [supplemental answer, page 2]. We do not
find anything of record in this application which provides
independent support for this broad assertion of the examiner.
Although antennas may be capable of operating at more than one
frequency through appropriate tuning, there is nothing in
Schnetzer which suggests that the dual frequencies of a dual
frequency cavity backed slot antenna can be adjusted by
altering the dimensions of the tabs or indentations as recited
in claim 23.
For reasons discussed above, we find that the examiner
has not properly given consideration to all the limitations
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