Appeal No. 96-1827
Application 08/112,576
found in or fully met by the reference. Kalman v. Kimberly Clark Corp., 713 F.2d 760, 772, 218
USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).
Samuels pertains to “an instructional indicia carrying member which can be removably mounted
on a chess piece such that pertinent information concerning the chess piece is readily visible to the
player” (column 1, lines 6 through 10). Such members may be formed from a “[c]ard 10 . . . divided
into thirty-two sections, each of which corresponds to one of the thirty-two pieces in the chess set”
(column 2, lines 65 through 67). As described by Samuels with regard to a first embodiment shown in
Figures 3 and 4,
[a] conventional chess piece has a base thereon with two flanges 13, 15 separated by a
recessed portion. An opening 16 is formed in the body of the member which is
approximately equal in the size to the circumference of the chess piece at the recess.
This opening 16 may be formed in the member by perforating the member as shown in
FIG. 2 such that when a member is [re]moved from the card 10 the player can separate
the perforated portion 16 from the remainder of the body of the member thereby
forming an opening therein of appropriate size. Subsequent to the formation of the
opening, the member is placed around the base of the chess piece 14 such that the
opening 16 engages the recess in the base [column 3, lines 29 through 43].
In an alternative embodiment shown in Figure 5, “a pressure sensitive adhesive is used to affix the
member to the underside of the base of the chess piece. The pressure sensitive adhesive may be
coated on the area opening 16 of the previous embodiment” (column 4, lines 4 through 8). As
conceded by the appellant, “Samuels is intended to be used with conventional black and white chess
pieces where the color of the piece indicates ownership” (brief, page 9).
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