Ex Parte Petrovic - Page 3



                    Appeal No. 2004-0946                                                                                                                                  
                    Application No. 09/965,150                                                                                                                            

                    regarding that rejection, we make reference to the examiner's                                                                                         
                    answer (Paper No. 15, mailed November 7, 2003) for the reasoning                                                                                      
                    in support of the rejection, and to appellant's brief (Paper No.                                                                                      
                    14, filed September 22, 2003) and reply brief (Paper No. 17,                                                                                          
                    filed January 23, 2004) for the arguments thereagainst.                                                                                               

                                                                              OPINION                                                                                     

                    In reaching our decision in this appeal, we have given                                                                                                
                    careful consideration to appellant's specification and claims, to                                                                                     
                    the applied prior art references, and to the respective positions                                                                                     
                    articulated by appellant and the examiner.  As a consequence of                                                                                       
                    our review, we have made the determination that the examiner's                                                                                        
                    rejection will not be sustained.  Our reasons follow.                                                                                                 

                    The examiner's rejection of claims 10 through 13 under                                                                                                
                    35 U.S.C. § 103(a) based on the combined teachings of Gellmann                                                                                        
                    and Holbrook recognizes that the flexible shower line unit of                                                                                         
                    Gellmann teaches a multiple shower head system (col. 4, lines 66-                                                                                     
                    71) for retrofit installation on existing shower plumbing,                                                                                            
                    wherein the multiple shower head system includes a flexible                                                                                           
                    conduit (28) extending from a valved connector fitting (30)                                                                                           
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