Ex Parte DELAVEAUD et al - Page 5




          Appeal No. 2001-1536                                                        
          Application 08/428,256                                                      

               current within the aforesaid wires, a current which, as noted          
               above, is missing in Nishikawa, which generates the monopolar          
               radiation in the presently claimed antenna.                            
               The examiner responds that these arguments do not                      
          demonstrate that appellants' structure operates in a different              
          way than Nishikawa and, in any case, are not directed to the                
          claimed invention (EA4-5).  We agree.  The arguments fail to                
          point out what language in claim 10 is not shown by Nishikawa               
          and, thus, do not point out error in the rejection.                         
               Appellant argues (Br4-5):                                              
                    Still further, the height "H" of the device disclosed             
               in Nishikawa is approximately 80/9, whereas in the antenna             
               in the present invention, the height is about 8/20.                    
               Furthermore, in contrast to the disclosure of Nishikawa, the           
               antenna of the present invention does not utilize a vertical           
               plate such as that disclosed by the reference to extend the            
               feed wire for adapting the antenna.  Additionally, the                 
               radius of the ground wires of the antenna in the instant               
               case is significantly smaller than that of the wires used in           
               the Nishikawa device, whereas the diameter of the ground               
               wire is of the same magnitude as the width "L1" of the top.            
               As none of these distinctions are suggested by the                     
               disclosure of the Nishikawa reference, the claims to the               
               present invention are not obvious thereover.                           
               The examiner responds that the height, the connection of the           
          feed wire to the capacity top, and the diameter of the conductor            
          wires are not claimed and, thus, do not distinguish the subject             
          matter of claim 10 over Nishikawa (EA5-6).  We agree with the               
          examiner.  The height of the capacitor top above the ground plane           
          is not claimed.  Claim 10 recites a "capacity top adapted to be             
          directly connected to a generator or to a receiver via a feed               

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