Ex parte SANTOS - Page 5




          Appeal No. 97-1092                                                          
          Application 08/412,491                                                      


          not both.                                                                   
               Henkin discloses a hand-held, water massage apparatus                  
          designed to discharge water through different sets of openings              
          in a continuous shower spray, a pulsed shower spray or a                    
          hydromassage stream.  A control knob 130 on the apparatus                   




          operates a valve 190, best shown in Figures 10 through 12, to               
          select any one of the foregoing operational modes or an OFF                 
          mode (see column 6, line 32 et seq.).                                       
               According to the examiner,                                             
               [i]n view of the teaching of Henkin et al, it would                    
               have been obvious to one of ordinary skill in the                      
               art at the time of the invention to have modified                      
               the faucet valve of Magnenat et al to include the                      
               faucet head of Henkin et al to provide a faucet head                   
               containing a first and second outlet producing a                       
               stream or spray flow stream and means to block fluid                   
               flow through one or both of the outlets [main                          
               answer, page 5].                                                       
               Even if Henkin is analogous art (the appellant argues                  
          that it is not), the combined teachings of Magnenat and Henkin              
          do not justify the examiner’s conclusion of obviousness.  The               
          water discharge devices disclosed by these references differ                
          substantially in structure and intended use.  The only                      
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