Appeal No. 2002-2304 Application No. 09/419,157 Page 13 788 (Fed. Cir. 1984); and In re Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976). We do not sustain the rejection of claims 11-14, 16, 20, 21, 23-29, 31, 33-42, 44, 49-56, 58, 63-73, 75, and 79-82 because there is no evidence in the record to establish that an artisan would have been motivated to space the connectors of Zhu to attenuate at least one prespecified frequency electromagnetic energy waveform, as required by independent claims 13 and 28, or to provide a virtual fence against at least one prespecified frequency electromagnetic energy waveform as recited in independent claims 39, 53, and 70. Accordingly the rejection of claims 11-14, 16, 20, 21, 23-29, 31, 33-42, 44, 49-56, 58, 63-73, 75, and 79-82 under 35 U.S.C. § 103(a) is reversed. In addition, we do not sustain the rejection of claims 3, 5-8, 15, 17-19, 22, 30, 32, 34, 35, 43, 45-48, 57, 59-62, 74, and 76-78, because the additional references to Schuchmann, Swamy, Oberstarr, and Wojnarowski do not make up for the basic deficiencies of Zhu. Accordingly, the rejection of claims 3, 5- 8, 15, 17-19, 22, 30, 32, 34, 35, 43, 45-48, 57, 59-62, 74, and 76-78 under 35 U.S.C. § 103(a) is reversed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007