Appeal No. 2001-1536
Application 08/428,256
The determinative issue appears to be whether Reggia
operates as a monopole antenna. We have considered the extensive
conflicting arguments of appellants and the examiner, but it is
hard to say who is right based only on arguments. However, if
the examiner is correct that Reggia is electrically the same as
the disclosed invention, then we think that there is at least a
prima facie case that Reggia operates the same as the claimed
invention. If the examiner is wrong on this point, then a
factual basis for the examiner's finding is in error and the
rejection must be reversed. Upon review, we find that Reggia is
not electrically the same as the disclosed invention.
In the disclosed invention, the feed wire passes through the
ground plate to the capacitor top without being electrically
connected to the ground plate. This arrangement where a voltage
is applied between the capacitor top (or a conductor attached to
the capacitor top) and the ground plane is known to produce a
monopole antenna, as described in Goubau. However, in Reggia,
the input is connected to the plate 84 and the pin 92, as
evidenced by Fig. 2 where the coil 64 is electrically connected
between the plates 52 and 54 (col. 3, lines 42-45). The parallel
spaced conductor posts in Fig. 3 take the place of a coil when a
minimum of inductance is required (col. 4, lines 2-10). Thus, in
Reggia, the current does not flow first to the capacitor top and
then return to ground through posts 86; instead, the input is
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