Ex Parte Blankstein - Page 10



          Appeal No. 2005-0988                                                        
          Application 09/878,592                                                      

          in Pierce.  On page 5 of the answer, the examiner sets forth the            
          following as the “Overall Motivation” for this combination:                 
          Branding is well known in the gaming machine industry.                      
               Branding is an attempt to attract players by associating the           
               game with some easily recognizable and popular game or                 
               television show.  Thus there are slot machines with bonus              
               games based on MONOPOLY, BATTLESHIP, WHEEL OF FORTUNE, CLUE,           
               JEOPARDY, and LET’S MAKE A DEAL.  All of these games seek to           
               capitalize on the popularity of well-known games or game               
               shows in order to attract players.  THE PRICE IS RIGHT is an           
               extremely popular and long-running game show.  The Plinko              
               game is one of the most popular features on the show.  It              
               would have been obvious to one of ordinary skill in the art            
               at the time of the invention to have adapted THE PRICE IS              
               RIGHT’s Plinko game to be a bonus game in a slot machine in            
               order to capitalized on the tremendous popularity and name             
               recognition of THE PRICE IS RIGHT in order to attract                  
               players.                                                               
          Contrary to appellant’s arguments in the brief and reply                    
          brief, we 1) find ample motivation and suggestion in the applied            
          prior art references for the combination urged by the examiner,             
          2) do not believe that the proposed combination significantly               
          changes the principle of operation of the Pierce reference, and             
          3) do not believe that the references “teach away” from the                 
          proposed combination.  In that regard, we note that the                     
          discussions in the “Background of the Invention” portion of both            
          Pierce and Mayeroff provide a strong suggestion of using a                  
          popular television game show game, such as, for example, WHEEL OF           
          FORTUNE or JEOPARDY! as the basis for a bonus game to be played             
          on an underlying casino gaming machine, such as a slot                      

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