Appeal No. 1999-0866
Application No. 08/742,704
recitation of the wherein clause at the end of claim 12
beginning at the top of page 5 of the brief. Appellant
attempts to read a portion of the wherein clause upon the
Figure 3 showing in the disclosed invention. Whereas the
claim defines a lower surface, a first side and a second side
with respect to a showing in the Figure, there is no
corresponding claimed third side depicted in the Figure 3
embodiment. The claim does not define the relationship of the
recited elements exactly in the manner argued. The statement
that the “opposite side of conductor 20A is in alignment with
dielectric 22A” is shown but not necessarily consistent with
the language of claim 12 on appeal. What appears to be argued
here to distinguish over the showing in Brighton is not what
is claimed. We conclude that claim 12, and by inference its
dependent claims on appeal, are indefinite within 35 U.S.C.
§ 112, second paragraph.
In summary we have pro forma reversed all art rejections
under 35 U.S.C. § 103 of the claims on appeal and instituted a
new rejection of them under 35 U.S.C. § 112, second paragraph,
within the provisions of 37 CFR § 1.196(b).
This decision contains a new ground of rejection pursuant
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