Ex Parte Westerman - Page 12



                    Appeal No. 2003-2072                                                                                                                                  
                    Application No. 09/735,439                                                                                                                            

                    indeed allow passage of microwave signals in the frequency range                                                                                      
                    of 30Mz to 35 Ghz range.  We note that this is taught in Hamano                                                                                       
                    Figure 14 which shows a graph of the frequency characteristics of                                                                                     
                    the low-pass filter.                                                                                                                                  
                              We note that Miyata teaches a microwave switch.  See page 1                                                                                 
                    of Miyata.  We further find that Hamano teaches a filter circuit                                                                                      
                    that would be used in radio communications using high speed                                                                                           
                    signals of several gigabits per second, in other words in the                                                                                         
                    microwave range.  See Hamano, column 1, lines 5-17.  Hamano                                                                                           
                    further teaches that for microwave communication systems, there                                                                                       
                    is often time a need for a low-pass filter to suppress the high                                                                                       
                    frequency noise induced in the communication system.  See column                                                                                      
                    1, lines 10-22.  Therefore, we find that Hamano would have                                                                                            
                    suggested to those skilled in the art to use Hamano's low-pass                                                                                        
                    filter shown in Figure 10 in the Miyata microwave switch as                                                                                           
                    proposed by the Examiner in order to provide a signal free from                                                                                       
                    higher frequency noise.                                                                                                                               
                              In view of the foregoing, we have sustained the Examiner's                                                                                  
                    rejection of claims 1 and 4 under 35 U.S.C. § 103 as being                                                                                            
                    unpatentable in view of the Examiner's proposed combination of                                                                                        
                    Miyata and Hamano.                                                                                                                                    

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