Ex Parte Blankstein - Page 11



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

          machine or the like.  Both Pierce and Mayeroff implicitly                   
          recognize that using such a bonus game will provide additional              
          excitement to the play of a conventional casino game such as                
          video poker or slot machines, enhance the entertainment value of            
          such casino games, and encourage additional play of such gaming             
          machines by devotees of the popular television game show selected           
          as the bonus game.  The “Plinko” document relied upon by the                
          examiner highlights the immense popularity of PLINKO as played on           
          the long-running televison game show THE PRICE is RIGHT,                    
          apparently since early in 1983, by characterizing it as “by far             
          the most celebrated and enjoyed pricing game ever played on THE             
          PRICE is RIGHT.”                                                            

          Given the huge popularity of PLINKO as played on THE PRICE                  
          is RIGHT and the recognition in the competitive gaming machine              
          industry of the need to produce new types of games, or                      
          enhancements to existing games, and to develop new features of              
          bonus games that will enhance the entertainment value and                   
          excitement associated with a gaming machine and be attractive to            
          both players and operators of such machines, we find ample                  
          suggestion and motivation for one of ordinary skill in the art at           
          the time of appellant’s invention to have substituted a popular             
          television game show game such as “PLINKO” as a bonus game on a             

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