Ex Parte Lucidarme

Board of Patent Appeals and Interferences

Apr 23, 2004

09155278 (B.P.A.I. Apr. 23, 2004)

1
The opinion in support of the decision being entered today was
not written for publication and is not binding precedent of the
Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte THIERRY LUCIDARME
__________
Appeal No. 2003-0191
Application 09/155,278
___________
ON BRIEF
___________
Before BARRETT, OWENS and GROSS, Administrative Patent Judges.
OWENS, Administrative Patent Judge.
DECISION ON APPEAL
This appeal is from the final rejection of claims 1-3, 5-9
and 11-14. Claims 4 and 10, which are all of the other claims in
the application, stand objected to as being dependent from a
rejected base claim but allowable if rewritten in independent
form.
Appeal No. 2003-0191
Application 09/155,278

2
THE INVENTION
The appellant claims a radio station which, the appellant
states, may be used particularly as a base station in cellular
radio systems (specification, page 1, lines 2-3). Claim 1 is
illustrative:
1. A radio station, comprising:
first and second hybrid transmission polarisation couplers;
first and second antennas respectively associated with said
first and second hybrid transmission polarisation couplers, each
antenna being arranged to generate two orthogonal electric field
components in response to two respective quadrature radio signals
from the polarisation coupler associated therewith;
at least one hybrid distribution coupler having a first
output connected to a first input of the first polarisation
coupler and a second output connected to a first input of the
second polarisation coupler; and
at least one radio signal source delivering a radio signal
to a first input of the distribution coupler.
THE REFERENCE
Runyon 5,966,102 Oct. 12, 1999
(filed Dec. 14, 1995)
Appeal No. 2003-0191
Application 09/155,278

1 Runyon is not prior art under 35 U.S.C. § 102(b). We
treat the rejection as being under the subsection of § 102 which
the examiner should have relied upon, i.e., § 102(e).
3
THE REJECTION
Claims 1-3, 5-9 and 11-14 stand rejected under 35 U.S.C.
§ 102(b) as being unpatentable over Runyon.1
OPINION
We reverse the aforementioned rejection. We need to address
only the sole independent claim, i.e., claim 1.
“Anticipation requires that every limitation of the claim in
issue be disclosed, either expressly or under principles of
inherency, in a single prior art reference.” Corning Glass Works
v. Sumitomo Electric, 868 F.2d 1251, 1255-56, 9 USPQ2d 1962, 1965
(Fed. Cir. 1989).
The appellant’s claim 1 requires 1) first and second hybrid
transmission polarization couplers, and 2) at least one hybrid
distribution coupler having a first output connected to a first
input of the first polarization coupler and a second output
connected to a first input of the second polarization coupler.
Runyon discloses a radio station (col. 6, lines 24-27)
having a polarization control network (18a) which includes a
first polarization control module (81) for accepting a pair of
Appeal No. 2003-0191
Application 09/155,278

4
transmit signals (TX1, TX2) from a transmit source (col. 16,
lines 61-64). In response to these transmit signals,
polarization control module 81 outputs transmit signals to
duplexers 80 and 82 (col. 17, lines 1-3). The duplexers output
transmit signals to an antenna (10) which can transmit and
receive electromagnetic signals and which includes radiating
elements (12a and 12b) exhibiting dual polarization states
(col. 10, lines 10-15; col. 16, lines 53-55; figure 10).
Duplexers 80 and 82 also output signals received from the antenna
to a second polarization control module (83) which outputs
receive signals RX1 and RX2 (col. 17, lines 3-6). “The
polarization control modules 81 and 83 can be implemented by a
0º/90º-type hybrid coupler, commonly described as a quadrature
hybrid coupler” (col. 17, lines 8-11). The four ports of
duplexers 80 and 82 can be combined to provide desired pairs of
transmit and receive signals (col. 17, lines 6-8).
The examiner argues that Runyon’s duplexers 80 and 82 are
hybrid transmission polarization couplers (answer, page 3). A
hybrid coupler in an antenna system is a hybrid junction used as
a directional coupler, a hybrid junction being a waveguide or a
transmission line arranged such that there are four ports, each
port being terminated in its characteristic impedance, with
Appeal No. 2003-0191
Application 09/155,278

2 Definitions of “hybrid coupler”, “hybrid junction”,
“directional coupler” and “duplexer” are set forth in the
appellant’s reply brief (page 2).
5
energy entering any one port being transferred, usually equally,
to two of the three remaining ports.2 A duplexer, in radar
systems, is a device that isolates a receiver from a transmitter
while permitting them to share the same antenna.2 In response to
the appellant’s argument that a duplexer is not a hybrid
polarization coupler (brief, page 4), the examiner argues that
“the duplexer of Runyon is a device designed to allow an antenna
to be used for both transmission and reception of signals
simultaneously. A coupling is a means by which energy is
transferred from one conductive or dielectric medium (optical
waveguide) to another, including fortuitous occurrences. Since
hybrid coupler is defined as a hybrid junction that forms a
directional coupler, it is considered that couplers 80 and 82 act
as a type of first and second hybrid transmission polarization
couplers” (answer, pages 6-7).
Runyon’s items 80 and 82, however, are not couplers but,
rather, are duplexers. Runyon’s discussion of his duplexers 80
and 82 is consistent with the definition of “duplexer” set forth
above. That is, Runyon discloses that 1) duplexers 80 and 82
Appeal No. 2003-0191
Application 09/155,278

6
receive transmit signals from polarization control module 81 and
transmit signals to the antenna (col. 16, lines 53-55; col. 17,
lines 1-3; figure 10), 2) the duplexers receive signals from the
antenna and output receive signals to polarization control
module 83 (col. 17, lines 3-6), and 3) the four ports of the pair
of duplexers can be combined to provide desired pairs of transmit
and receive signals (col. 17, lines 6-8). Runyon discloses that
his polarization control modules 81 and 83 are implemented by
hybrid couplers (col. 17, lines 8-12), but Runyon does not say
that about the duplexers.
The examiner argues that Runyon discloses in figure 11 that
polarization control module 81 has a first output connected to a
first input of “the first polarization coupler” and a second
output connected to a first input of polarization coupler 83
(answer, page 4). As shown in Runyon’s figure 11, however, the
two outputs of polarization control module 81 are connected to
duplexers 80 and 82. Neither output is connected to a “first
polarization coupler” or to polarization control module 83.
The examiner argues that Runyon’s figure 12 discloses a
hybrid coupler connected to the antenna (answer, page 6), but the
examiner does not explain how this disclosure, in combination
with the other disclosures in Runyon, is a disclosure of the
Appeal No. 2003-0191
Application 09/155,278

7
appellant’s first and second hybrid transmission polarization
couplers connected to at least one hybrid distribution coupler in
the manner required by the appellant’s claim 1.
For the above reasons we find that the examiner has not
carried the burden of establishing a prima facie case of
anticipation by Runyon of the radio station claimed in the
appellant’s claim 1. We therefore reverse the rejection of this
claim and claims 2, 3, 5-9 and 11-14 that depend therefrom.
DECISION
The rejection of claims 1-3, 5-9 and 11-14 under 35 U.S.C.
§ 102(e) over Runyon is reversed.
REVERSED

)
LEE E. BARRETT )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
TERRY J. OWENS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
ANITA PELLMAN GROSS )
Administrative Patent Judge )
Appeal No. 2003-0191
Application 09/155,278

8
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