Appeal No. 1999-1894
Application 08/847,804
results of a particular radiating antenna structure when
operated at a specific frequency." The Examiner further
states (EA6):
These specific "limitations" are deemed to result, given
the exact same structure set forth in the references of
record. No unexpected results are obtained by Appellant
because the electrical design is substantially the same
as the prior art of record. . . . [T]hese
"characteristics" are merely ranges obtained in the
antennas of Fenwick and Dorrie et al when the antenna
operates . . . on a higher [sic, lower] frequency of
operation in the specified frequency band of operation."
[Emphasis added.]
Thus, it appears to be the Examiner's position that the
structures in Fenwick and Dörrie are the same as the claimed
structure and that the claimed radiation pattern will
inherently result when the antenna is operated at a certain
frequency.
Appellants respond that the antenna of Fenwick and Dörrie
does not have the same structure because the physical length
of first radiating element is less than a quarter of the
wavelength of the selected resonant frequency of the first
band rejection filter and radiates in a defined radiation
pattern at the selected resonant frequency (RBr2-3).
Appellants note that if the Examiner's hypothetical antenna
were to radiate at a lower frequency, where the effective
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