Ex Parte Peterson - Page 11



          Appeal No. 2005-2760                                                        
          Application 09/915,963                                                      

          shaped.”  Thus, the only issue here is whether the artisan would            
          have combined the teachings of the two applied references.                  

               The examiner has provided a rational basis for such a                  
          combination in citing Ogot’s teaching that the employment of such           
          a disk shaped finite ground plane has the advantage of maximizing           
          the surface area of the ground plane perpendicular to the                   
          transmission element, and providing a uniform transmission                  
          pattern (column 5, lines 1-3, of Ogot), leading the artisan to              
          use such a ground plane in Wicks.                                           

               We do not find persuasive appellant’s argument that the                
          references “teach away” from each other.  It is appellant’s                 
          position that Wicks describes a broadband antenna “which works              
          best with a relatively large ground plane” and that Wicks’ ground           
          plane is much larger than the antenna elements.  Appellant                  
          contrasts this with Ogot’s teaching of a radar antenna in which             
          the diameter of a circular ground plane is between 8/8 and 8/4,             
          referring to column 3, lines 20-23, column 4, lines 61-64, and              
          column 5, lines 11-21.  Therefore, appellant concludes, at page             
          11 of the principal brief, once the diameter of Ogot’s ground               
          plane is set to satisfy one wavelength, it cannot simultaneously            


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