Ex parte PODLASECK et al. - Page 13


                Appeal No. 96-3533                                                                                                             
                Application 08/203,624                                                                                                         

                         Thus, we arrive at the point where our interpretation of claim 1 differs from that apparently                         
                urged by appellants.  The ordinary meaning of “matrix” is “A . . . surrounding substance within which                          
                something originates, develops or is contained.”  See, e.g., The American Heritage Dictionary                                  
                Second College Addition 772-73 (Boston, Houghton Mifflin Company, 1982).  We have found no                                     
                ordinary definition of the term “matrix” which requires that the “surrounding substance” must necessarily                      
                be a solid.  The interpretation apparently urged by appellants is that the resin would form a solid                            
                “matrix,” but they have not pointed to the basis in the specification as it would be interpreted by one of                     
                ordinary skill in the art or elsewhere for their interpretation.                                                               
                         Therefore, on this record, we find it reasonable to interpret the claim phrase “fibers are                            
                uniformly dispersed in the resin” to encompass fibers uniformly dispersed in a resin matrix wherein the                        
                resin surrounding the fibers is in particulate form.  Indeed, such a mixture of fibers uniformly dispersed in                  
                a matrix of particulate resin would form a coating or sheet in which the fibers would be randomly                              
                oriented in the manner required for “successful utilization of artificial dielectric coatings” as stated in                    
                appellants’ specification (page 3), and, in our view, as shown by Gamble (e.g., col. 2, line 64, to col. 3,                    
                line 7, col. 6, line 60, to col. 7, line 5, and Example 1).  We are not persuaded otherwise by the use of                      
                water by Gamble to disperse the fibers in a resin matrix.  Indeed, as we noted above, we interpreted the                       
                claimed phrase “coating material comprising fibers and resin” in our original opinion to further comprise                      
                any material “which would facilitate or otherwise affect the uniform distribution of any fiber in the resin.”                  
                This would include water.                                                                                                      
                         Accordingly, because appellants have not established that, on this record, our interpretation of                      
                the claim terms of claim 1 is unreasonable, Morris, supra, we decline to reverse our affirmance of the                         
                examiner’s ground of rejection.                                                                                                
                         We have granted appellant's request to the extent that we have reconsidered our decision of                           
                February 29, 2000, but we deny the request with respect to making any changes therein.                                         
                         No time period for taking any subsequent action in connection with this appeal may be extended                        
                under 37 CFR § 1.136(a).                                                                                                       
                                                                  DENIED                                                                       



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