Ex Parte CARLSON et al - Page 8




          Appeal No. 2001-0258                                       Page 8           
          Application No. 08/821,978                                                  


          whereby strategy in playing said first and second chance means              
          are either related or independent."  This recitation appears to             
          require structure in the gaming machine for selecting between               
          linked and dissociated first and second chance means.  In similar           
          fashion, claim 27 recites "said second chance means having a                
          changeable nature which either displays a characteristic related            
          to or unrelated to said first chance means, whereby if related,             
          influences player strategy regarding said first chance means and,           
          if unrelated, does not alter player strategy."  This language               
          implies that the gaming machine is capable of selectively                   
          displaying the second chance means so as to be either related or            
          unrelated to the first chance means.                                        
               No claim may be read apart from and independent of the                 
          supporting disclosure on which it is based.  See In re Cohn, 438            
          F.2d 989, 993, 169 USPQ 95, 98 (CCPA 1971).  We are thus required           
          to read the claims in light of the supporting disclosure.                   
          Appellants' specification discloses, in Figures 1-4, several                
          arrangements or variations for playing the game.  In each of                
          these variations, the first chance means (primary game) is a                
          poker hand.  In the first variation (Figure 1), the gaming                  
          machine executes the second chance means (secondary game) after             
          the player has selected the cards to hold and discard (the step             







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