Ex parte SCHNEIDER et al. - Page 3




              Appeal No. 1998-1545                                                                                      
              Application No. 08/698,169                                                                                


                            a septum disposed on the first surface of the dielectric substrate                          
                     between the plurality of conducting antenna elements and in electrical                             
                     contact with the ground plane, the septum traversing the first surface of the                      
                     planar dielectric so that each conducting antenna element of the plurality is                      
                     separated from all other such conducting antenna elements by the septum                            
                     and wherein none of the conducting antenna elements is surrounded on four                          
                     sides by the septum.                                                                               
                     The examiner relies on the following references:                                                   
                     Smith                                     4,783,661            Nov. 08, 1988                       
                     Takeuchi et al. (Takeuchi)                5,173,711            Dec. 22, 1992                       
                     McGirr et al. (McGirr)                    5,231,407            Jul.   27, 1993                     
                     Fray                                      5,453,754            Sep. 26, 1995                       
                     Claims 1-13, 20-30 and 39-41 stand rejected under 35 U.S.C. § 103.  As evidence                    
              of obviousness, the examiner cites McGirr and Takeuchi with regard to claims 1-7, 9, 13,                  
              20-26, 28-30 and 39-41, adding Smith to this combination with regard to claims 8 and 10-                  
              12 and adding Fray to the original combination with regard to claim 27.                                   
                     Reference is made to the brief and answer for the respective positions of                          
              appellants and the examiner.                                                                              
                                                       OPINION                                                          
                     We reverse.                                                                                        
                     With regard to the independent claims, the examiner’s position is that McGirr                      
              discloses the claimed invention except that McGirr mounts the patch antennas on a lower                   
              surface of the substrate which mounts to the ground plane 40 via septum 44.                               



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