Ex Parte Carnahan - Page 3

                Appeal 2006-2206                                                                              
                Application 10/743,380                                                                        
                             wherein the frame has one or more support portions and one or                    
                      both of the support portions are embedded in a bed underlying the                       
                      water as part of the insertion step.                                                    
                      7. A screening device for determining fishing conditions                                
                      comprising:                                                                             
                             a) a frame having a pair of side rails and at least two cross                    
                      members, the cross members interconnecting the pair of side rails, the                  
                      side rails include at least one handle portion and one support portion;                 
                             b) a flexible screen having opposing ends and opposing sides,                    
                      each opposing side aligned and attached to a respective side rail, at                   
                      least one opposing end being a free end and extending between the                       
                      pair of side rails, the flexible screen having a width such that the free               
                      end is curved in shape during use.                                                      
                      8. The screening device of claim 7, wherein each cross member                           
                      further comprises:                                                                      
                             a pair of cross member segments, each segment pivotally                          
                      attached to a side rail at one end, other ends of each segment pivotally                
                      attached together so that the cross member segments and side rails can                  
                      fold up.                                                                                
                      The Examiner relies on the following prior art references as evidence                   
                of unpatentability:                                                                           
                Crane    US 1,036,574   Aug. 27, 1912                                                         
                Flynn    US 5,722,196   Mar. 3, 1998                                                          

                      The rejections as presented by the Examiner are as follows:                             
                   1. Claims 1, 2, 4, 7, 9, and 10 are rejected under § 102(b) as being                       
                      unpatentable over Flynn.                                                                
                   2. Claims 5 and 6 are rejected under 35 U.S.C. § 103(a) as being                           
                      unpatentable over Flynn.                                                                

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