Appeal No. 1998-1545
Application No. 08/698,169
contact with the ground plane, separating the conducting antenna elements and
wherein none of the conducting antenna elements is surrounded on four sides by the
septum.
There is also a ground plane comprised of pedestal 44 and ground plane 40, along
with grounding patch 60. However, this ground plane (since the top of pedestal 44 and
ground patch 60 are part of the ground plane) is disposed on the same surface, viz., the
“first” surface, as the conducting antenna elements. Yet, the claims require that the ground
plane be “disposed on the second surface of the planar dielectric substrate.” Thus, McGirr
does not meet the claim language. Therefore, we must determine whether it would have
been obvious, within the meaning of 35 U.S.C. § 103, to somehow modify McGirr to arrive
at the claimed subject matter.
The examiner contends that since Takeuchi shows a conventional, alternative, way
of mounting the patch antennas atop the substrate with a ground plane mounted on the
bottom side thereof, it would have been obvious “to employ the common mounting
substrate, which carries the patch radiators and ground plane of Takeuchi . . . in lieu of the
separated mounting boards of McGirr . . .for the purpose of providing an easily-
manufactured microstrip antenna." (answer, page 4).
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