Ex Parte Carduck et al - Page 6



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

          skill in the art would have found it obvious to employ a                    
          conventional weir or taper in a drainage pipe for the purpose of            
          restricting its flow.                                                       
               Manifestly, tapered nozzles were notoriously well-known in             
          the art at the time of filing the present application.  We note             
          that appellants base no argument upon objective evidence of                 
          nonobviousness, such as unexpected results, which would serve to            
          rebut the inference of obviousness established by the examiner.             
               In conclusion, based on the foregoing, the examiner’s                  
          decision rejecting the appealed claims is affirmed.                         















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