Appeal No. 1999-2070
Application 08/611,899
rest of the claim limitation that specifically requires the
microstrip transmission line “overlying the insulating layer
and having a predetermined width causing electrical contact
with a selected group of said field tips at the proximal end
thereof;”. We find that Johnson fails to close the gap by
supplying the missing claimed limitation.
Moreover, even if we were to find that Johnson teaches a
microstrip transmission line as claimed by Appellants, we
would find no reason to combine Shelton with Johnson. The
microstrip transmission line enables propagation of
electromagnetic microwave energy over a bandwidth of multiple
octaves. Specification, page 5, lines 1-4. However, the
Shelton prior art does not teach, suggest or otherwise enable
operation of its invention at microwave frequencies.
Therefore, there would be no reason to combine the microstrip
transmission line of Johnson with Shelton.
The Federal Circuit instructs that "[t]he mere fact that
the prior art may be modified in the manner suggested by the
Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification." In
re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84
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