Ex Parte Morris - Page 2




          Appeal No. 2003-2021                                   Page 2               
          Application No. 09/753,703                                                  

          electromagnetic radiation and is not ohmically conductive (Brief,           
          page 2).  Independent claim 5 is illustrative of the invention              
          and is reproduced below:                                                    
          5.   A method of containing electromagnetic radiation,                      
               comprising:                                                            
          filling a gap between a heat sink mounted on an integrated                  
          circuit package and a printed circuit board with a material that            
          absorbs electromagnetic radiation, and wherein said material is             
          not ohmically conductive.                                                   
               The claims on appeal stand rejected under 35 U.S.C. § 102(b)           
          as anticipated by Akram et al. (Akram), U.S. Patent No.                     
          5,866,953, issued on Feb. 2, 1999 (Answer, page 4).  We reverse             
          the examiner’s rejection on appeal essentially for the reasons              
          stated in the Brief, Reply Brief, and those reasons set forth               
          below.                                                                      
           OPINION                                                                    
               The examiner finds that, with regard to claim 5 on appeal,             
          Akram discloses in figure 4 filling a gap between a heat sink               
          (428) mounted on an integrated circuit package (402) and a                  
          printed circuit board (416) with a material (424) that absorbs              
          electromagnetic radiation, and where the material is not                    
          ohmically conductive (Answer, page 4).  The examiner further                
          finds that Akram discloses urethane as a barrier glob top                   
          material (424) and appellant discloses that urethane has the                
          property of absorbing electromagnetic radiation (Answer, page 6,            
          citing the specification, page 9, ll. 1-4).  The examiner finds             





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