Appeal No. 1999-1894
Application 08/847,804
result from the "length of less than a quarter wavelength at
said selected resonant frequency" limitation of (1). That is,
the only structure recited to produce the radiation pattern is
the length of the first radiating element. The radiation
pattern cannot be due to unclaimed structure because the
radiation pattern is a functional limitation and 35 U.S.C.
§ 112, sixth paragraph, requires that the only way to recite a
function without specific structure in support thereof is with
a mean-plus-function limitation.
As to (1), a quarter-wavelength antenna at a frequency
f=406.025 MHz would have a length 8/4 = c/4f =
(3·10 cm/s)/4·(406.025·10 cycles/s) = 18.47 cm. The length10 6
of the disclosed 406 MHz element 22 is 13.7 cm (specification,
p. 5, lines 18-20) plus 0.5 cm for the insert (specification,
p. 5, lines 28-30) plus 1.2 cm for the threaded retainer
(specification, p. 6, lines 25-27), for a total length of
15.4 cm. Thus, the disclosed antenna is about 3 cm shorter
than 8/4 at the highest frequency of 406 MHz.
The Examiner admits that "Fenwick makes no suggestion
that the highest band radiator has to be less than a quarter
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