Appeal 2007-2031
Application 10/905,818
USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the general evidentiary standard
for proceedings before the Office).
1. Heckman discloses a pontoon boat comprising a platform (referred to as
an inside deck area), a railing system 15 extending up from the platform
to enclose a perimeter of a protected area, a cover 50, and two or more
support members 40 for supporting the cover above the platform
(Heckman, 2:[0033-0034]). When supported in a raised position, the
cover is supported sufficiently far above the platform so that occupants of
the boat can move about under the cover (Heckman, Fig. 1). Figure 2
shows that, when supported in a lowered position, a perimeter of the
cover extends out to at least the side railings of the pontoon boat to
provide a cover for all or substantially all of the protected area (the area
inside the railings) (Heckman, Fig. 2).
2. Heckman teaches the use of telescoping support members that are
extended and retracted pneumatically (Heckman, 2:[0035]).
3. Heckman does not disclose side walls that are adapted to prevent or
substantially prevent windswept rain from passing through the side walls
and into the protected area from a lateral direction (Heckman, passim).
4. Pepper teaches that a pontoon boat with one or more side walls extending
up from deck around a protected area is conventional (Pepper, col. 2, ll.
48-50). Because the side walls are shown as solid, they are capable of
preventing or substantially preventing windswept rain from passing
through the side walls and into the protected area (Pepper, Fig. 1).
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