Ex parte NICKERSON - Page 16




          Appeal No. 97-1277                                                          
          Application No. 07/820,261                                                  


          for entering player names and events into the processing                    
          means.  For reasons discussed above, any electronic baseball                
          scorekeeper for the avid fan must permit the entry of player                
          names (the lineup) and events which take place such as balls                
          and strikes.  The second means of claim 41 recites that the                 
          processor means associates events with the player who was at                
          bat.  We considered the obviousness of this feature in our                  
          discussion of claim 23 above.  Finally, the third means of                  
          claim 41 recites a means for visually indicating the name of a              
          player and an event which occurred while the player was at                  
          bat.  This feature is the whole point of a baseball scorecard               
          and would clearly have been included in any scorekeeper of                  
          Peters which is modified to be a complete and accurate                      
          baseball scorekeeper.  Therefore, we find that each of the                  
          means of claim 41, as broadly recited therein,  would                       
          necessarily be present in any electronic baseball scorekeeper               
          created by the avid baseball fan.  For purposes of the breadth              
          of claim 41, Peters alone and the knowledge of the baseball                 
          fan are sufficient to suggest the claimed invention.                        
          Therefore, we treat Klose as being unnecessary and cumulative               
          to the teachings of Peters and the knowledge of the baseball                
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