Ex Parte BRODER et al - Page 5




          Appeal No. 2002-2304                                                        
          Application No. 09/419,157                                 Page 5           


          1997).  The examiner's position (answer, pages 3 and 4) is that             
          although Zhu does not discuss electromagnetic wave attenuation,             
          any and every spacing of connectors will inherently cause                   
          attenuation interference for a particular set of frequencies                
          (assuming coherent electromagnetic radiation from the                       
          connectors).  This is an inherent result of electromagnetic wave            
          superposition principles.  The examiner additionally asserts                
          (id.) that regarding the limitation that the frequency is                   
          prespecified, any spacing between two connectors is inherently              
          related to a set of frequencies because frequency is related to             
          wavelength.  The examiner maintains (id.) that “[t]herefore, the            
          limitation that the frequency is prespecified is no different               
          from prespecifying a distance and the distance between connectors           
          is always prespecified in the manufacturing process.  The                   
          limitation that the connectors are spaced to attenuate energy is            
          merely the recitation of a particular motivation for choosing the           
          spacing.”                                                                   
               Appellants assert (brief, page 15) that Zhu does not have              
          the inherent teachings asserted by the examiner, and expressly              
          requests documentary proof of the examiner's determination of               
          inherency.  It is argued (brief, pages 16 and 17) that the                  
          Summary and General Description of Zhu do not discuss or suggest            







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