Appeal No. 97-1473
Application 08/492,376
but has been indicated as being allowable subject to being
rewritten in independent form.
Appellant's invention relates to a lottery number picker
and to a method of assembling a lottery number picker.
Independent claims 1 and 8 are representative of the subject
matter on appeal and a copy of those claims, as found in the
Appendix to appellant's brief, is attached to this decision.
The references of record relied upon by the examiner in
rejecting the appealed claims are:
Albright et al. (Albright) 4,533,143 Aug. 06,
1985
Stebing 5,011,148 Apr. 30,
1991
Adell 5,454,567 Oct. 03,
1995
Claims 1 through 7 stand rejected under the judicially
created doctrine of obviousness-type double patenting as being
unpatentable over claims 1 and 15 of U.S. Patent No. 5,454,567
in view of Albright.
Claim 8 and 9 stand rejected under 35 U.S.C. §103 as
being unpatentable over Stebing in view of Albright.
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