Ex parte WEGLARZ et al. - Page 7




         Appeal No. 1999-1894                                                    
         Application 08/847,804                                                  

         example, 825 to 960 MHz.  The Examiner calculates the mean              
         frequency to be 892.5 MHz.  The Examiner reasons that if                
         895 MHz is the "selected resonant frequency," the antenna is            
         less than a quarter of that wavelength, but the antenna can             
         still radiate (FR3).  Presumably, the Examiner intends to pick          
         a frequency having a longer wavelength than 892.5 MHz, whose            
         quarter wavelength is longer than the length of the radiating           
         element; this requires a lower (not higher) frequency, such as          
         890 MHz.  Appellants respond that the Examiner departs from             
         the claim language and the "selected resonant frequency" of             
         claim 9 is fixed by the parameters of the band rejection                
         filter (the trap) (Br10).  The Examiner persists in his                 
         interpretation that antenna element 22 in Fenwick or 14 in              
         Dörrie "does exhibit a length less than the design frequency            
         when operating at a frequency higher [sic, lower] than the              
         mean (design) frequency of the antenna which is used in the             
         frequency band of operation" (EA5).                                     
              We agree with Appellants that the Examiner's reasoning is          
         inconsistent with the language of claim 9.  Claim 9 defines             
         that "said first band rejection filter resonates at a selected          
         resonant frequency," so the selected resonant frequency is              

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