Ex parte BRANDON et al. - Page 5

            Appeal No. 1998-1595                                                                              
            Application No. 08/439,912                                                                        

            We agree with the examiner.  Moreover, we find that the examiner has not been                     
            unreasonable in his definition of the term “monolithic” and that the definition generally         
            correlates with that set forth in the specification as originally filed and as amended.  Here,    
            we note that the implied limitation of the product by the single step process of manufacture      
            does not limit/distinguish the invention claimed in claim 21.  Furthermore, we note that the      
            language of claim 21 does not recite that the same material is used throughout the                
            structure, but appellants rely upon the process step to limit the product.   Therefore, this      
            argument is not persuasive, and we sustain the rejection of claim 21.                             
                   With respect to claims 15-19, the citations provided by appellants clearly maintain        
            that the process will not distinguish the product unless appellants provide evidence to           
            support a difference in the product which cannot be claimed otherwise, due to the nature of       
            the product.  Here, there appears to be other options or alternatives for appellants to           
            distinguish their product, and the burden has shifted to appellants since the examiner has        
            set forth a prima facie case of obviousness.  Appellants may either amend the claims or           
            provide evidence that the claimed product by process is not the same as that in the prior         
            art.  Appellants have done neither, therefore, we will sustain the rejection of claims 15-19.     


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