Ex Parte Cassel et al - Page 6



          Appeal No. 2005-0425                                                        
          Application No. 09/887,144                                                  

          its dependent claims 19 through 21 is reversed.  In considering             
          the fact that claim 18 recites that the claimed radiator of                 
          independent claim 17 is a helical radiator, the nature of the               
          antenna actually recited in claim 17 requires this claimed                  
          radiator, as well as a feedback conductor, as separately recited            
          elements, which are connected together and shaped in a particular           
          manner as recited there.                                                    
               It is clear from even a brief inspection of figure 3 of                
          Kenoun that an end of the helical portion 66 is not connected or            
          subject to be connected to the radio circuitry of the portable              
          communication apparatus as in  claim 17.  According to the                  
          examiner’s analysis, and our affirmance of the rejection of claim           
          17, the helical portion 66 is a part of the segment 62 in                   
          Kenoun’s figure 3 and is not subject to be connected to the radio           
          circuitry of the portable communication apparatus as recited in             
          claim 17.  The mere fact that the radiator does include a helical           
          portion 66 as expressed at the bottom of page 9 of the answer is            
          an incomplete consideration not only of the teaching value of               
          Kenoun but the actual requirements of appealed independent claim            
          17 and the physical arrangement of the elements recited there.              
          The point at which helical portion 66 becomes non-helical is its            
          “end,” as at offset 64, and not end 52 of segment 56.  Therefore,           
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