Ex Parte Carduck et al - Page 3



          Appeal No. 2006-0219                                                        
          Application No. 09/855,002                                                  

               We have thoroughly reviewed each of appellants’ arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter is unpatentable over           
          the cited prior art.  Accordingly, we will sustain the examiner’s           
          rejections for essentially those reasons expressed in the answer,           
          and we add the following primarily for emphasis.                            
               We consider first the rejection of claims 18, 20 and 22                
          under Section 102 over Hehl.  We agree with the examiner that the           
          injector nozzle of Hehl meets the claim requirement for a liquid            
          distributor having a tapered drainage pipe in the shape of a                
          nozzle, i.e., the injection nozzle of Hehl is a liquid                      
          distributor of moldable material that comprises drainage pipes              
          22, 12 and 13 that are in communication with tapered nozzle 2.              
          Appellants contend that “Hehl does not disclose a liquid                    
          distributor as this term is understood in the art” (page 4 of               
          brief, third paragraph).  However, appellants’ specification does           
          not define “liquid distributor” in any way that distinguishes the           
          devices encompassed by the appealed claims from the distributor             
          of liquid material described by Hehl.  Also, appellants have                
          presented no objective evidence which establishes that one of               
          ordinary skill in the art would not consider the device of Hehl             
          to be a liquid distributor.  Furthermore, while appellants                  
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