Appeal No. 97-1473
Application 08/492,376
the art (i.e., Pat O'Bryan and Tod H. Dereadt, who are said to
be "experts") who have opined, after reviewing both Stebing
and Albright, that appellant's feature of marking numbers on
opposite sides of each disk is not obvious, primarily due to
increased costs in the manufacturing of such disks. In
reaching their opinions, both Mr. O'Bryan and Mr. Dereadt
characterize Stebing as having numbers on only one face of
each disk. See paragraph 8 of the O'Bryan affidavit and
paragraph 7 of Mr. Dereadt's affidavit.
We have carefully reviewed the complete disclosure of the
Stebing patent, and due to the express teaching found at
column 5, lines 26-28, therein, we find appellant's arguments
and the opinions of Mr. O'Bryan and Mr. Dereadt to be entirely
unpersuasive. The teaching at column 5, lines 26-28 of
Stebing indicates that when the base (20) and top surface (22)
of cover (14) of the lottery number picker therein are
transparent "disc 16 preferably has two faces 50 with symbols
apparent," that is,
opposite faces (50) of the disc seen in Figure 6 of Stebing
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