Ex Parte DeWall et al - Page 2



          Appeal No. 2005-1003                                                        
          Application No. 09/967,249                                                  

                    a game control for controlling game play in a primary             
          game mode and a secondary event mode for controlling images                 
          displayed on the display and detecting the presence of a                    
          predetermined winning combination of symbols and for awarding a             
          prize in response to a winning combination, and                             
                    a selector for allowing a player to individually select           
          the number of cells to be independently of one another evaluated            
          by the game control to detect the presence of a winning                     
          combination within the selected number of cells.                            
               15. An assembly as set forth in claim 14 wherein said                  
          evaluation station comprises a pawn shop.                                   
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Moody et al. (Moody)            5,976,016            Nov. 2, 1999           
          Giobbi et al. (Giobbi)          6,155,925            Dec. 5, 2000           
          Payne et al. (Payne)            6,241,607            Jun. 5, 2001           
               Appellants' claimed invention is directed to a gaming                  
          assembly, such as a video slot machine, comprising a selector               
          which allows a player to individually and independently select              
          the number of cells that are evaluated by the game control to               
          detect the presence of a winning combination.  For example, in a            
          display comprising a three-by-three matrix, i.e., three cells in            
          each of three horizontal rows, and three cells in each of three             
          vertical columns, the player may choose the first and third cells           
          in the first row and the second cell in the third row to be the             
          combination of three cells that are hoped to be the winning                 


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