Ex Parte Peterson - Page 13



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

          shaped finite ground plane (column 5, lines 1-3).  Accordingly,             
          it would appear reasonable that the skilled artisan would have              
          been led to employ such a disk shaped ground plane in other                 
          antenna structures, seeking the advantages taught by Ogot.  Now,            
          in applying such a teaching, the artisan would not, willy nilly,            
          merely make a direct substitution but, rather, the artisan would            
          have employed prudent engineering considerations.  That is,                 
          contrary to appellant’s implications in the “teaching away”                 
          argument, supra, it is clear that the artisan would have adjusted           
          for the bandwidth size of the necessary ground plane.  Merely               
          because the “size” of the ground planes may be different in Wicks           
          and Ogot, this does not, per se, indicate a “teaching away” since           
          the artisan would have been expected to make adjustments in size,           
          and other prudent engineering considerations, in adapting                   
          different antenna characteristics to differing environments.                

               Ogot’s teaching of being able to maximize the surface area             
          of the ground plane perpendicular to the transmission element,              
          and to provide a uniform transmission pattern, by the use of a              
          symmetrically disk shaped finite ground plane, in our view, would           
          have clearly suggested to the artisan to use a ground plane                 
          having those characteristics in other antenna structures, such as           
          in Wicks, in order to achieve similar advantages.  We find no               

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