Appeal No. 1999-0865
Application No. 08/468,573
skilled artisan would have found it obvious to provide an
additional variable capacitor at a second end of a plasma system
antenna in the system of Keeble as modified by Barnes and Müller
“ . . . so that the entire antenna is tunable for optimum
performance as taught by Fessenden.” (Id. at 7).
In response, Appellants assert several arguments (Brief,
pages 6-8; Reply Brief, page 2) in support of the position that
the Examiner has not established proper motivation for the
proposed combination of references so as to set forth a prima
facie case of obviousness. After careful review of the applied
prior art in light of the arguments of record, we are in
agreement with Appellants’ position as stated in the Briefs. We
fail to see how the spark gap non-resonant length antenna of
Fessenden used for telegraphy has relevance to the coiled
resonant length antennas of the plasma systems of Keeble, Barnes,
and Müller. None of the problems sought to be overcome by
Fessenden would be expected to exist in the plasma systems of
Keeble, Müller, and Barnes. In view of the above, we are left to
speculate why the skilled artisan would employ any of the
features of Fessenden in the plasma systems of the applied prior
art. The mere fact that the prior art may be modified in the
manner suggested by the Examiner does not make the modification
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