Appeal No. 2004-0946
Application No. 09/965,150
addition, at the oral hearing held June 10, 2004, appellant's
counsel requested that claim 14 be withdrawn from the appeal.
Accordingly, the appeal as to claim 14 is dismissed, and only the
examiner's rejection of claims 10 through 13 remains for
consideration in this appeal.
Appellant's invention is directed to a multiple head shower
system for retrofit installation on an existing shower plumbing
system in a shower enclosure. Independent claim 10 is
representative of the subject matter on appeal and a copy of that
claim can be found in the Appendix to appellant's brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Gellmann 3,375,532 Apr. 2, 1968
Holbrook 6,233,756 May 22, 2001
Claims 10 through 13 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Gellmann in view of Holbrook.
Rather than attempt to reiterate the examiner's full
commentary with regard to the above-noted § 103 rejection and the
conflicting viewpoints advanced by the examiner and appellant
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