Ex Parte Beals et al - Page 3



          Appeal No. 2006-2203                                                        
          Application No. 10/687,231                                                  

          patent jurisprudence.  Accordingly, we will sustain the                     
          examiner’s rejections for essentially those reasons expressed in            
          the answer.                                                                 
               Concerning the Section 102 rejections over Eldridge ‘734,              
          Grabbe and Yoshida, appellants’ principal argument is that the              
          references are directed to electrical contact structures and have           
          nothing to do with a metal core for maintaining a core in a                 
          desired position with a waxed die.  However, we agree with the              
          examiner that appellants’ preambular claim language does not                
          serve to distinguish the claimed structure over the structures              
          described in the applied references.  While appellants emphasize            
          that the cited references do not teach the claimed function of              
          securing of maintaining the position of the core with respect to            
          the wax die, appellants have not taken the requisite step in                
          setting forth any structural differences between core elements              
          within the scope of the appealed claims and the electrical                  
          components of the applied prior art.  In our view, the examiner             
          has adequately established sufficient sameness between the                  
          claimed and prior art structures, which are all made of                     
          refractory metal, to support the reasonable conclusion that the             
          components described in the prior art are fully capable of                  
          performing the recited intended use and function.  In re                    
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