Appeal No. 2002-1481
Application No. 09/005,836
that the rib structure surrounds an enclosure section of
conductive coating which effects a shield for surrounding a
source of unwanted electromagnetic radiation. The word “surround”
is broadly defined as enclosing on all sides.1 The noted
language is not understood since the rib structure does not
appear to be configured to surround (enclose) the source of
unwanted electromagnetic radiation on all sides (Fig. 2). The
above language renders the claims indefinite in meaning under
35 U.S.C. § 112, second paragraph, since the metes and bounds
thereof cannot be ascertained.
In summary, this panel of the board has procedurally
reversed the obviousness rejection on appeal, and has entered a
new rejection in accordance with our authority under 37 CFR
1.196(b).
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by final rule
notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203 Off.
Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)). 37 CFR
1 Webster’s New Collegiate Dictionary, G. & C. Merriam
Company, Springfield, Massachusetts, 1979.
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