Appeal No. 2003-1844 Page 2
Application No. 09/643,130
BACKGROUND
The appellants' invention generally relates to a method of playing a game
utilizing a plurality of sound lines which are components of a song or ensemble, each of
which may be reproduced either alone or together with any number of the other sound
lines (specification, p. 1). A copy of the claims under appeal is set forth in the appendix
to the appellants' brief.
Claims 1 to 22 stand rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite for failing to particularly point out and distinctly claim the subject matter
which the appellants regard as the invention.
Claims 23, 25, 26 and 28 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by U.S. Patent No. 5,812,6881 to Gibson.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the final
rejection (Paper No. 8, mailed April 24, 2002) and the answer (Paper No. 13, mailed
January 28, 2003) for the examiner's complete reasoning in support of the rejections,
1 Issued September 22, 1998.
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