Appeal No. 2001-1787
Application 09/374,122
dictionary definition of a labyrinth (answer, page 3) and urges
that he “considers a labyrinth and a maze equivalent.” In
response to appellant’s further argument that in the maze puzzle
of Handweller the mazes are situated completely within the
plurality of opaque walls (16) of the device and it would thus be
impossible to consider such mazes as fingerwalk labyrinths, the
examiner urges (final rejection, page 4) that “a finger is
capable of being inserted within the plurality of walls (16) of
Hanweiler [sic, Handweller] enabling the finger to complete the
fingerwalk labyrinths.”
Even if one might consider the maze puzzle of Handweller to
broadly be a “communication tool” that would facilitate
communication between two opposing players, we share appellant’s
view that one of ordinary skill in the art reading appellant’s
specification would understand that the mazes of Handweller are
not labyrinths and, more particularly, are not fingerwalk
labyrinths as set forth in claims 1 and 4 on appeal. Appellant’s
specification (pages 4-5) and the evidence submitted with the
brief on November 27, 2000 make it clear that a “labyrinth,” as
that term is used in the present application, is not a maze. A
labyrinth is unicursal, with one well-defined path (continuous
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