Ex parte Yamamori

Board of Patent Appeals and Interferences

Jun 18, 2001

08439523 (B.P.A.I. Jun. 18, 2001)

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publication and is not binding precedent of the Board.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. 17
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte TAKESHI YAMAMORI
_____________
Appeal No. 1997-3865
Application No. 08/439,523
______________
ON BRIEF
_______________
Before KRASS, FLEMING and RUGGIERO, Administrative Patent Judges.
KRASS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the final rejection of claims 8-21, the only claims
pending. This is a divisional application of Serial No. 08/292,418, made necessary by the
examiner’s restriction requirement in the parent case. The examiner required restriction
between the claims directed to a wrist band antenna and the claims directed to a wrist-
watch-style pager. The instant application is directed to the pager.
Appeal No. 1997-3865
Application No. 08/439,523
2
A decision by this Board in the parent application, Appeal No. 97-4154, reversed
the decision of the examiner, resulting in the issuance of U.S. Patent No. 5,986,566 for a
wrist band antenna.
The invention pertains to a wrist watch-style pager, illustrated by reference to
independent claim 8 reproduced as follows:
8. A wrist watch-style pager comprising:
a receiver for receiving signals disposed within a main body having
opposed ends;
an elongated bendable band having upper and lower surfaces and
opposed ends, each end defining an opening at the same opposed end of
the main body; and
a loop antenna extending between the surfaces of the band to receive
signals, wherein the antenna has a substantially U-shaped structure having
two opposed ends located at the same end of the band, each end having an
RF coupler extending through an opening and coupled to the receiver to
communicate signals from the antenna to the receiver, and wherein the loop
antenna extends the length of approximately less than one-half the length of
the band.
The examiner relies on the following references:
Gaskill et al. [Gaskill] 5,159,713 Oct. 27, 1992
Fujisawa et al. [Fujisawa] 5,465,098 Nov. 07, 1995
(102(e) date: Jun. 29, 1993)
Appeal No. 1997-3865
Application No. 08/439,523
3
Claims 8-21 stand rejected under 35 U.S.C. § 103 as unpatentable over Gatskill in
view of Fujisawa.
Reference is made to the briefs and answer for the respective positions of
appellant and the examiner.
OPINION
We reverse for essentially the same reasons set forth in our earlier decision in
Appeal No. 97-4154 in the parent application.
It is the examiner’s position that Gaskill discloses the instant claimed invention but
for the antenna in the wrist band being of “substantially U-shaped structure having two
opposed ends located at the same end of the band...wherein the loop antenna extends the
length of approximately less than one-half the length of the band.” However, as explained
by the examiner, at page 4 of the answer, this “deficiency in Gaskill is considered to be
corrected by Fujisawa who discloses an improvement of an antenna apparatus for a
transceiver...” The examiner goes on to explain how Figure 17a of Fujisawa discloses the
“U-shaped” antenna claimed and explains that it would have been obvious to make the
antenna of Gaskill U-shaped as disclosed by Fujisawa.
Appeal No. 1997-3865
Application No. 08/439,523
4
As we explained in our earlier decision,
unlike the instant invention wherein a loop antenna has a substantially
U-shaped structure having two opposed ends located at the same end of the
band, Fujisawa’s antenna has a portion on each of the two sections of the
band, wherein the antenna portions are connected and joined through the
pager mainbody.
While the examiner is clearly interpreting only one portion of
Fujisawa’s antenna (e.g., the left hand portion in Figure 17a made up of end
sections 531a and 531b, having a U-shaped structure with slot 53a
therebetween), to be the claimed loop antenna, the examiner’s
interpretation, in our view, is misplaced. It is clear, from the description at
columns 11-12 of Fujisawa, that the antenna of Fujisawa is the complete
structure comprising end section 531a joined, through the transceiver circuit
board 567, to end section 532a on the other band section and end section
531b joined, through the transceiver circuit board 567, to end section 532b
on the other band section. Thus, when viewed in its entirety, the antenna
depicted in Figure 17a of Fujisawa, relied on by the examiner, is not a U-
shaped loop antenna at all. Rather, the loop of Fujisawa’s antenna is
completely closed. The examiner may not dissect the antenna disclosed by
Fujisawa and rely on only one section thereof to anticipate the claimed
antenna. Clearly, since Fujisawa’s antenna, as a whole, is not U-shaped in
structure, it does not have two opposed ends located at the same end of the
band, as required by independent claim 8.
Since Fujisawa’s antenna is not U-shaped in structure, as claimed, and the
examiner’s rejection is bottomed on Fujisawa teaching such a structure in order to modify
Gaskill, the rejection must fall.
Appeal No. 1997-3865
Application No. 08/439,523
5
The examiner’s decision rejecting claims 8-21under 35 U.S.C. § 103 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
MICHAEL R. FLEMING ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JOSEPH F. RUGGIERO )
Administrative Patent Judge )
eak/vsh
Appeal No. 1997-3865
Application No. 08/439,523
6
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