Ex Parte Pieczynski - Page 2

                Appeal No. 2007-0800                                                                           
                Application No. 10/066,267                                                                     
                with lights.”  (Specification 1.)  That is, a fish strike causes the flag to move              
                from a horizontal to vertical position, and the change in the flag’s position in               
                turn causes an attached light to turn on, indicating a strike has occurred.  (Id.              
                at 1-2.)                                                                                       
                      The Specification discloses (page 4), as a preferred embodiment,                         
                      an ice fishing tip-up display compris[ing] a flashing light source                       
                      located at one end of an assembly; a tilt switch . . . ; a reflective                    
                      enclosure of said tilt switch/flashing light source; conductors                          
                      . . . ; a power source and circuitry means to supply power to                            
                      said flashing light source; and an attaching apparatus to attach                         
                      to a flag arm of a fishing device.                                                       
                      The Specification discloses that a reflective enclosure for the light                    
                source provides a number of advantages.  (Id. at 7.)  For example, an ice                      
                fishing tip-up is vulnerable to motorized traffic on a frozen lake.  (Id.)  When               
                a vehicle shines its lights on the reflective enclosure the vehicle’s operator                 
                will be able to see where the fishing equipment is, and avoid it.  (Id.)                       
                      The Specification discloses that the reflective light source enclosure                   
                also allows the fisherman to verify the location of his equipment, and                         
                determine whether the flag is horizontal or vertical, by simply scanning the                   
                area with a flashlight.  (Id.)  “This is especially helpful if the unit is unarmed             
                without the power source or if electronic failure occurs, so that the fisherman                
                can still determine the flag position.”  (Id. at 7-8.)                                         
                                                DISCUSSION                                                     
                1.  CLAIMS                                                                                     
                      Claims 8 and 9 are pending and on appeal and read as follows:                            
                      8. An ice fishing display device for use with an ice fishing                             
                      tip-up with a base assembly and a tip-up flag arm mounted to                             
                      the base assembly comprising:                                                            

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