Ex Parte TUFTE - Page 3



             Appeal 2007-2031                                                                                     
             Application 10/905,818                                                                               
                          platform around a perimeter of a protected area, wherein                                
                          the side walls are adapted to prevent or substantially                                  
                          prevent windswept rain from passing through the side                                    
                          walls and into the protected area from a lateral direction;                             
                                 a cover; and                                                                     
                                 moving mechanism for moving the cover between                                    
                          a first position and second position,wherein in the second                              
                          position, the cover provides a cover for all or                                         
                          substantially all of the protected area, and wherein in the                             
                          first position, the cover allows occupants of the pontoon                               
                          boat to move about the protected area.                                                  

                                              THE REJECTIONS                                                      
                    The Examiner relies upon the following as evidence in support of the                          
             rejections:                                                                                          
                     Butler                    US 3,805,724                  Apr. 23, 1974                        
                     Oehler                    US 5,016,558                  May 21, 1991                         
                     Pepper                    US 5,044,298                    Sep. 3, 1991                       
                     Faber                     US 5,058,946                   Oct. 22, 1991                       
                     Heckman                   US 2003/0217683 A1            Nov. 27, 2003                        

                    The following rejections are before us for review.                                            
                1. Claims 17, 20, 21, 24, and 26 are rejected under 35 U.S.C. § 103(a) as                         
                    unpatentable over Heckman in view of Pepper.                                                  
                2. Claims 18 and 19 are rejected under 35 U.S.C. § 103(a) as unpatentable over                    
                    Heckman in view of Pepper and further in view of Faber.                                       
                3. Claims 22 and 23 are rejected under 35 U.S.C. § 103(a) as unpatentable over                    
                    Heckman in view of Pepper and further in view of Butler.                                      

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