Appeal No. 97-1473
Application 08/492,376
the claims of appellant's prior patent are silent as to
whether the numbered disks set forth therein actually include
numbers on both of the opposite sides or faces of the disks.
However, given that the case as defined in these claims is
completely trans-parent, that is, it has a first transparent
cover, a transparent platform, and a second transparent cover,
we consider that the teachings of Stebing at column 5, lines
26-28 (noted above) would have made it obvious to one of
ordinary skill in the art to provide the numbered disks of the
case defined in claims 1 through 4, 11, 13 and 15 of the '567
patent with identical numbers on the opposite faces of each
disk.
While we recognize that the lottery number picker of the
enumerated claims in appellant's prior patent is intended to
receive a thin card in the lower space therein, we also note
that the lottery number picker does not include such a card in
the lower space during its manufacture, shipping or
distribution, and that the insertion of such a card, even
after purchase, is entirely optional with the purchaser.
Thus, in at least some cases, the card would not be inserted
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