Appeal No. 97-1473
Application 08/492,376
claims 1 and 15 of appellant's prior U.S. Patent No. 5,454,567
is fully responsive to the lottery number picker defined in
claims 1 through 7 on appeal, except that the compact case of
claims 1 and 15 of appellant's prior patent does not include
numbered disks (e.g., 34) which have numbers on both the upper
and lower faces thereof
as required in the claims presently on appeal. To account for
this deficiency the examiner looks to Albright, urging that
Albright teaches that it is known in the lottery picker art to
mark random lottery pieces (e.g., 20) with lottery numbers on
all faces of each of the pieces. In the examiner's opinion,
based on the teachings of Albright, it would have been obvious
to one of ordinary skill in the art to provide lottery numbers
on both faces of the disks set forth in claims 1 and 15 of
appellant's prior U.S. Patent No. 5,454,567 in order to
assemble the lottery number picker more conveniently.
After reviewing claims 1 and 15 of U.S. Patent No.
5,454,567 and the teachings of Albright, we, like appellant,
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