Ex parte WEGLARZ et al. - Page 8




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

         fixed by the trap.  When the trap circuit of coil 15 in Dörrie          
         is tuned to the mean operating wavelength 81 of the highest             
         frequency band it resonates at "a selected resonant frequency"          
         of 892.5 MHz. Claim 9 further recites "said first radiating             
         element having a length of less than a quarter wavelength at            
         said selected resonant frequency"; thus, the length of the              
         first radiating element is 81/4.  There is a physical                   
         relationship between the resonant frequency of the trap and             
         the length of the first radiating element.  The Examiner errs           
         in interpreting a "selected resonant frequency" to refer to             
         something different than the resonant frequency of coil 15,             
         i.e., to an arbitrary frequency in the band not equal to the            
         resonant frequency of coil 15.                                          
              The Examiner further reasons that a length of less than a          
         quarter wavelength could happen naturally in a sample of                
         radiators as a result of tolerances (FR3-4).  Appellants                
         respond that this does not address the claimed radiation                
         pattern of limitation (2) (Br11).  Appellants further argue             
         that "less than a quarter wavelength" implies a sufficient              
         departure from a quarter wavelength to be outside a typical             
         tolerance range of a quarter wavelength design (RBr4).                  

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