Ex Parte Acres - Page 7



            Appeal No. 2005-1664                                                                       
            Application 09/878,111                                                                     
            are played, and the status of a player at one of the machines                              
            (spec. at 8, lines 8-24).  One aspect of the player status                                 
            relates to the level of player play and one aspect of the level                            
            of player play includes the rate of play (spec. at 8,                                      
            lines 22-24).  "The casino can therefore identify players based                            
            on previous or current rates of play and vary the wager per unit                           
            time for that player accordingly."  (Spec. at 3, lines 28-30.)                             
            We interpret "monitoring the level of play of a player on                                  
            multiple gaming machines" to mean monitoring the level of play of                          
            a player as the player plays multiple machines in sequence.                                
                  Olsen teaches the use of a player tracking card (col. 12,                            
            lines 48-53); this is the only mention of a player tracking card.                          
            Olsen teaches that "the eligible players could be required to                              
            always place maximum bets and should other than a maximum bet be                           
            placed the right to continued participation in the bonus mode                              
            would be lost" (col. 12, lines 36-39); that "[e]ligibility [for                            
            the bonus mode] can be based upon other conventional conditions                            
            at the gaming machine such as the insertion of a player tracking                           
            card, in which case eligibility is lost when the card is removed"                          
            (col. 12, lines 48-52); and that "[e]ligibility could also be                              
            determined by requiring all players bet maximum bets during the                            
            )T time frame (col. 12, lines 53-55).  The player tracking card                            
            and maximum bet are conditions for eligibility in addition to                              
            playing within the )T time period.  The system must monitor                                
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