Ex Parte GORDON et al - Page 18




                 Appeal No. 2003-1371                                                                                 Page 18                     
                 Application No. 09/186,856                                                                                                       


                         Claim 14 recites in pertinent part the following limitations: "dividing the graphical                                    
                 display into separate portion for each player at some points in said game and for                                                
                 merging the display into a single portion for both players at other points in said game."                                        


                                                     2. Obviousness Determination                                                                 
                         As mentioned regarding the first point of contention, Naka "has two modes of                                             
                 operation: a cooperative mode and a competitive mode."  Col. 18, l. 69 - col. 19, l. 1.                                          
                 The cooperative mode allows joint action during a game.  More specifically, "[i]n the                                            
                 cooperative mode, the first character responds to inputs applied to the first controller,                                        
                 and the second character follows the first character through the playfield.  It can be said                                      
                 that the two game characters cooperate in that the first character leads the second                                              
                 character through the playfield.  Not only does the second character follow the first                                            
                 character, but the second character also imitates the first character's movements.                                               
                 Thus, the first and second game characters both respond to inputs provided to the first                                          
                 controller with the second character following behind and seeming to imitate the first                                           
                 character."  Col. 19, ll. 1-13.                                                                                                  


                         The reference requires joint action if "the second character falls a prescribed                                          
                 distance behind the first character, such as so far behind as to not be visible on the                                           
                 screen. . . ."   Col. 20, ll. 37-39.  "[T]hen the system will cause the second character to                                      








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