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 - 5 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007