Ex Parte Oliver - Page 7

                 Appeal 2007-2174                                                                                        
                 Application 10/751,614                                                                                  
                 second class of chip to promotional or side-bets, the identification would not                          
                 be broad enough to encompass player identification.                                                     
                        Claims 27 and 28 are drawn to an apparatus, wherein the apparatus                                
                 reads on two gaming chips, wherein the transponder in the first chip contains                           
                 at least a denominational value (the first class of chip), and the transponder                          
                 in the second chip contains identification differentiating the second class of                          
                 chip from the first class of chip.                                                                      

                 REJECTION                                                                                               
                        Claims 21, 23, 24, 26-28, and 30-40 stand rejected under 35 U.S.C.                               
                 § 103(a) as being obvious over the combination of Rendleman and Busch.                                  
                        Appellants argue the claims in 3 groups: Group I, comprising claims                              
                 21, 23, 24, 26, 27, and 30-40 (Br. 20), of which claim 21 is representative;                            
                 Group II comprising claim 28 (Br. 22); and Group III comprising claims 31                               
                 and 32 (id.), of which claim 31 is representative;                                                      
                        Rendleman is cited for teaching a gaming chip for use in a casino                                
                 game, wherein the gaming chip contains a transponder with memory in it,                                 
                 wherein the “‘transponder has a unique code in alternating octal hex, an                                
                 equivalence of 32 bits, resulting in thirty-four billion possible                                       
                 combinations.’”  (Answer 3-4 (quoting Rendleman, col. 2, l. 50-col. 3, l.                               
                 10).)  Rendleman is also cited for teaching that a variety of designations                              
                 identifying the different kinds of chip may be placed in the memory,                                    
                 including denominational chip value, serial number, date of issue, and casino                           
                 designation (Answer 4).  As to the limitation that the chips are intermingled                           
                 in a bet, the Examiner notes that limitation is drawn to intended use, and not                          
                 a patentable limitation, as claim 27 is drawn to a chip, and not to a method                            

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