Appeal No. 97-1277
Application No. 07/820,261
as “5-3" indicating a throw out from third base (5) to first
base (3). A fly out to the left fielder for example is
manually recorded as simply “7" indicating a catch by the left
fielder (7). Hits and other events are also manually recorded
on the scorecard using some shorthand form of entry.
When we consider Peter’s desire to create an
electronic scoring device for a baseball game, we broadly
assume that the avid baseball fan would have been motivated to
electronically automate and duplicate the manual scorecard to
the extent necessary to provide an accurate record of the
baseball game. Appellant’s claims are directed to various
aspects of scoring a baseball game. Some of these scoring
aspects are recited fairly broadly and some scoring aspects
are necessary for an electronic device to properly maintain an
electronic scorecard of the game. Our obviousness
determinations are primarily controlled by the extent to which
appellant’s claims patentably distinguish appellant’s
electronic baseball scorekeeper from an electronic scorekeeper
created by the avid baseball fan in modifying Peter’s device
to be an accurate and complete baseball scorekeeper.
We consider first independent claim 13. Appellant
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