Ex Parte Erlichman - Page 6




                 Appeal No. 2003-0322                                                                                                               
                 Application No. 09/569,476                                                                                                         


                 provides for this “hint,” this function is not performed “without requiring user input”                                            
                 because it requires some action by the player, viz., the striking of a plunger.  Moreover,                                         
                 to whatever extent Jacobs may be considered to show an automatic procedure of                                                      
                 providing a “hint” without requiring user input (and we do not believe that Jacobs does                                            
                 show this), this “hint” is clearly not performed “successively providing over a period of                                          
                 time each of a plurality of portions of the representation of the puzzle object...,” as                                            
                 required by the instant claims.                                                                                                    
                          As shown by example in the instant disclosure, a puzzle object is in the shape of                                         
                 the State of California.  Pieces of this puzzle, or portions of the shape, are depicted                                            
                 automatically, without input from the user, once a certain website and/or game is                                                  
                 activated, and the portions are successively provide automatically until such time as the                                          
                 puzzle is solved, with higher scores awarded for solving the puzzle earlier, when there                                            
                 are fewer portions displayed.  It is this to which the claim language, “automatically and                                          
                 without requiring user input, successively providing over a period of time each of a                                               
                 plurality of portions of the representation of the puzzle object having at least one actual                                        
                 solution,” refers.  We find nothing in Jacobs which acts in this manner.  The “hint” of a                                          
                 free letter in Jacobs clearly does not operate “automatically and without requiring user                                           
                 input, successively providing over a period of time each of a plurality of portions of the                                         
                 representation of the puzzle object having at least one actual solution.”                                                          



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