Ex Parte JUTZI et al - Page 1




                       The opinion in support of the decision being entered today was not written for                              
                       publication and is not binding precedent of the Board.                                                      

                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                         ____________                                                              
                                       BEFORE THE BOARD OF PATENT APPEALS                                                          
                                                    AND INTERFERENCES                                                              
                                                         ____________                                                              
                                       Ex parte CURTIS E. JUTZI and JAY CONNELLY                                                   
                                                         ____________                                                              
                                                     Appeal No. 2006-1597                                                          
                                                   Application No. 09/218,822                                                      
                                                         ____________                                                              
                                                             BRIEF                                                                 
                                                         ____________                                                              
               Before HAIRSTON, RUGGIERO, and MACDONALD, Administrative Patent Judges.                                             
               RUGGIERO, Administrative Patent Judge.                                                                              



                                                    DECISION ON APPEAL                                                             
                       This is a decision on the appeal from the final rejection of claims 1-16 and 18-25, which                   
               are all of the claims pending in this application.  Claim 17 has been canceled.                                     
                       The disclosed invention relates to gaming, such as gaming computer programs, utilizing                      
               actual telemetry data.  A source of actual telemetry data regarding an event, such as a sporting                    
               event, is provided to a gaming application which utilizes the actual telemetry which enables the                    
               game player to play the game as if the game player were actually involved in the sporting event.                    




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