Appeal No. 1999-1894
Application 08/847,804
antenna length is less than a quarter wavelength at that lower
frequency, "then it would not be radiating at the selected
resonant frequency where the band rejection filter is designed
to resonate, as recited in the claims" (emphasis omitted)
(RBr3).
We agree with Appellants. A particular physical
structure is defined by the first band rejection filter
resonating at a selected resonant frequency and by the
physical length of first radiating element being less than a
quarter of the wavelength of the selected resonant frequency.
This is not taught or suggested by Fenwick or Dörrie. Claim 9
also recites that the radiation pattern is at the selected
resonant frequency, not some other frequency in the band as
hypothesized by the Examiner. The Examiner's hypothetical
example of a way the antenna could be operated so as to meet
the claim limitations is inconsistent with the express claim
limitations. The claimed radiation pattern is evidently set
by legislation, but the Examiner has presented no evidence
that one skilled in the art would have been motivated to
utilize a radiating monopole element of less than a quarter
wavelength to achieve the claimed radiation pattern.
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