Appeal No. 1997-3865
Application No. 08/439,523
As we explained in our earlier decision,
unlike the instant invention wherein a loop antenna has a substantially
U-shaped structure having two opposed ends located at the same end of the
band, Fujisawa’s antenna has a portion on each of the two sections of the
band, wherein the antenna portions are connected and joined through the
pager mainbody.
While the examiner is clearly interpreting only one portion of
Fujisawa’s antenna (e.g., the left hand portion in Figure 17a made up of end
sections 531a and 531b, having a U-shaped structure with slot 53a
therebetween), to be the claimed loop antenna, the examiner’s
interpretation, in our view, is misplaced. It is clear, from the description at
columns 11-12 of Fujisawa, that the antenna of Fujisawa is the complete
structure comprising end section 531a joined, through the transceiver circuit
board 567, to end section 532a on the other band section and end section
531b joined, through the transceiver circuit board 567, to end section 532b
on the other band section. Thus, when viewed in its entirety, the antenna
depicted in Figure 17a of Fujisawa, relied on by the examiner, is not a U-
shaped loop antenna at all. Rather, the loop of Fujisawa’s antenna is
completely closed. The examiner may not dissect the antenna disclosed by
Fujisawa and rely on only one section thereof to anticipate the claimed
antenna. Clearly, since Fujisawa’s antenna, as a whole, is not U-shaped in
structure, it does not have two opposed ends located at the same end of the
band, as required by independent claim 8.
Since Fujisawa’s antenna is not U-shaped in structure, as claimed, and the
examiner’s rejection is bottomed on Fujisawa teaching such a structure in order to modify
Gaskill, the rejection must fall.
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