Ex parte JACOBS - Page 2




          Appeal No. 97-2886                                                          
          Application 08/441,493                                                      


          Appellant's invention relates to an apparatus and method for                
          playing an anagram-type word game in a computer game and/or t.v.            
          game show format.  Claims 1, 9, 12, 15 and 16 are representative            
          of the subject matter on appeal and a copy of those claims may be           
          found in the Appendix to appellant's brief.                                 

          The sole prior art reference of record listed by the                        
          examiner (answer, pages 2-3) as relied upon in the rejection of             
          the claims under appeal is:                                                 

          Cunningham et al. (Cunningham)     5,041,992      Aug. 20, 1991             

          As stated by the examiner on page 3 of his answer, claims 1                 
          and 3 through 20 stand rejected under 35 U.S.C. § 103 "as being             
          unpatentable over Cunningham."                                              

          It is, however, immediately apparent from the examiner's                    
          somewhat meager explanation of the rejection on page 3 of the               
          answer (addressing only claim 1 on appeal) that he is in fact               
          relying upon certain admitted prior art set forth in appellant's            
          specification regarding a known anagram-type game called                    
          REVELATION™ and also on other known prior art the examiner                  




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