Appeal No. 2001-0258 Page 9
Application No. 08/821,978
of altering the first chance means), thereby having no effect on
the player's strategy with respect to the first chance means. In
the second variation (Figure 2), the second chance means is
executed prior to the players's selection of the cards to hold
and discard, such that the player's strategy may be affected by
the outcome of the second chance means. In the third variation
(Figure 3), the second chance means is executed prior to the
player's selection of hold and discard cards and alters the pay
table, thereby influencing the player's strategy with regard to
the first chance means. In the fourth variation of the game
(Figure 4), the second chance means is executed after the
player's selection of hold and discard cards and has no impact on
the player's strategy with regard to the first chance means. As
disclosed in appellants' specification, each of these variations
appears to be a separate embodiment. The specification contains
no disclosure of combining these variations in a single gaming
machine such that, in playing the game, a selection is made among
the four variations. This inconsistency between the claim
language and the underlying disclosure presents an ambiguity, as
discussed above, as to whether each of the above-mentioned
independent claims is directed to a genus claim which covers two
species or whether a step of or means for selecting between two
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