Appeal No. 2005-2760
Application 09/915,963
However, we will sustain the rejection of claims 10, 19,
21, and 23-25 under 35 U.S.C. § 103.
Ogot is applied by the examiner for a teaching of a
symmetrical disk shaped finite ground plane (elements 210, 250 in
Figure 3A), alleged to be missing from Wicks. The examiner
concluded that it would have been obvious to substitute the
symmetrical disk shaped finite ground plane of Ogot for the metal
ground plane of Wicks “in order to maximize the surface area of
the ground plane perpendicular to the transmission element, and
provides (sic) a uniform transmission pattern” (answer-page 6),
referring to column 4, lines 66-67, and column 5, lines 1-3, of
Ogot.
We note that appellant does not dispute the teachings of
Ogot, but merely argues that the rejection is improper because
the references “teach away” from each other since the artisan
“would not be motivated to substitute the Ogot narrow band
circular disk ground plane for the Wicks broadband ground plane”
(principal brief-pages 11-12).
At the outset, we note that appellant has not denied that
Ogot discloses a “symmetrical finite ground plane” that is “disk
10
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