Ex parte FIORI - Page 7

          Appeal No. 96-2890                                                          
          Application 08/318,781                                                      

          the playing surfaces is “printed matter” which is “not limiting,”           
          and he has ignored it in setting out this rejection.  See Paper             
          No. 8, page 3.                                                              
               We agree with the appellant that this position on the part             
          of the examiner is in error, in that the claimed paths do not               
          merely provide printed information, but are an integral part of             
          the game board structure.  The limitation is present in both                
          claims, and it clearly is not taught by either of the applied               
          references.  Such being the case, a prima facie case of                     
          obviousness with regard to the subject matter of claims 11 and 22           
          has not been established, and we will not sustain the Section 103           


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