Ex Parte ADAMS - Page 4




          Appeal No. 2002-1407                                                        
          Application 09/157,995                                                      


          giving the player a 50/50 chance to double the winnings from the            
          primary gaming unit or lose it all.  What the examiner finds                
          lacking in Bally with respect to the independent claims on appeal           
          (i.e., claims 1, 14 and 17) is any disclosure or teaching of                
          wagering “less than all of said winnings” or prize from the                 
          primary gaming unit.                                                        


          To account for the above difference, the examiner turns to                  
          Marsh urging that it teaches a gaming unit and method of                    
          conducting a game of chance wherein a wager is made and a player            
          has the opportunity to change the winnings of one game by                   
          wagering less than all of the primary winnings on a second game             
          or prize opportunity in a game of the same type (lines 41-61),              
          thereby allowing continuous play of the game as long as the                 
          player has credits to wager.  From the combined teachings of                
          Bally and Marsh, the examiner concludes that it would have been             
          obvious to one of ordinary skill in the art at the time of                  
          appellant’s invention “to modify the invention of Bally with the            
          invention of Marsh by adding the feature of wagering less than              
          all of the primary winnings in order to increase the players’               
          chances of winning” (final rejection, page 3).                              


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