Appeal No. 2004-0946
Application No. 09/965,150
attached to shower line (12), a primary shower head (70) attached
to the connector fitting, and secondary shower head units (e.g.,
92) provided on and along the flexible conduit if desired. What
the examiner finds lacking in the system of Gellmann is any
teaching or suggestion of a second elongate water conduit, as
required in claim 10 on appeal. To account for this difference,
the examiner looks to Holbrook, urging that this patent teaches a
retrofit arrangement in a shower that allows for two auxiliary
water lines extending from a header member (2-5) associated with
the main water line (1). In the examiner's view, it would have
been obvious to one of ordinary skill in the art at the time of
appellant's invention to have provided the system of Gellmann
with such multiple auxiliary water lines so as to provide more
options for the user. The examiner has additionally expressed
the view that the position of the respective auxiliary lines with
respect to each other as specified in claim 10 on appeal "would
have constituted an obvious use expedient" (answer, page 4).
Appellant argues, and we strongly agree, that neither
Gellmann nor Holbrook teaches or suggests first and second
elongate water conduits extending a substantial distance
vertically downwardly towards a tub or shower base from a header
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