Appeal No. 2004-1251 Page 3
Application No. 09/972,658
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
We turn first to the rejection of claims 1-3 and 5 as being unpatentable over
Jenkins in view of Sity. Independent claims 1 and 5 require, inter alia, a die and a bar
code strip carrying a representation of a verification character connected to or
embedded in a face of the die. Claims 2 and 3 depend from claim 1.
Jenkins discloses a container scanning and accounting method for use in a
system for recycling used beverage containers wherein scanners 24 read a UPC or bar
code on a container, the UPC or bar code identifying the brand and type of beverage
container. The information read by each of the scanners 24 is output to a computer for
processing. The computer maintains talleys for each batch of the types and brands of
containers processed so that appropriate reimbursements can be made by each bottler,
manufacturer or distributor for deposits refunded by each retailer to consumers for
containers.
Sity discloses an electronic die having n faces, with at least n-1 of the faces
being provided with sensors indicating to a processor or computer which face of the die
is facing upward. This can be accomplished, for example, using optical sensors, with
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