Appeal No. 2005-2760
Application 09/915,963
to the “symmetrical finite ground plane” deemed to be missing
from Wicks in the rejection of claims 1 and 11 under 35 U.S.C.
§ 102(e).
We make the new ground of rejection against claims 1 and 11
because the limitations of these claims are clearly included in
dependent claims 10 and 19, the rejection under 35 U.S.C. § 103
of which we sustained. Thus, claims 1 and 11 should be included
in the rejection under 35 U.S.C. § 103 based on the Wicks/Ogot
combination.
We make no representations or new grounds of rejection
regarding claims 3, 5-9, 13 and 15-18. We leave those claims for
the examiner to revisit if the examiner deems it advisable to
make any findings regarding those claims and the application of
the Wicks/Ogot combination thereto.
Since we have not sustained the rejection of claims 2 and 12
under 35 U.S.C. § 112, first paragraph, and the rejection of
claims 1, 3, 5-9, 11, 13, and 15-18 under 35 U.S.C. § 102 (e),
but we have sustained the rejection of claims 10, 19, 21, and
23-25 under 35 U.S.C. § 103, the examiner’s decision is
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