Ex parte JACOBS - Page 14




          Appeal No. 97-2886                                                          
          Application 08/441,493                                                      


          limitations that “are considered old to game show formats in                
          general.”  More specifically, the examiner is of the view that              
               randomly assigning point or dollar values to solution                  
               areas in a game show where that point or dollar value                  
               is awarded upon correct actions by a player are old to                 
               game show formats themselves.  Jeopardy has its random                 
               "Daily Double" square that is randomly assigned.                       

          Like appellant, we find no teaching or suggestion in the                    
          applied prior art for the specific form of “character moving                
          means” or “random selection means” disclosed and claimed by                 
          appellant in claim 15 on appeal.  In contrast with the examiner’s           
          assertions, we are not aware that the “Daily Double” square on              
          the t.v. game show Jeopardy is “randomly assigned,” and even if             
          it were, we see no suggestion or incentive in such a teaching for           
          modifying the previously known anagram game of REVELATION™ in a             
          manner so as to result in the particular apparatus defined in               
          appellant’s claim 15 on appeal.  The function and manner of use             
          of the “Daily Double” square on Jeopardy is entirely different              
          from the “random selection means” disclosed by appellant and                
          defined in appellant’s claim 15 on appeal, and is clearly not the           
          equivalent thereof.  For this reason, we will not sustain the               





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