Ex Parte BRODER et al - Page 13




          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.                                 











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