Ex parte NICKERSON - Page 12




          Appeal No. 97-1277                                                          
          Application No. 07/820,261                                                  


          scorecard must accept the input of player names.  In our view,              
          the artisan would have found it obvious to enter the player                 
          names into such an electronic device by manually operable                   
          alphabet elements as broadly recited in claim 13.                           
          With respect to the processor means, we do not agree                        
          with appellant that the first three modes of claim 13 are not               
          suggested by the prior art.  When the Peters’ device is                     
          modified to become a baseball scorecard by the avid baseball                
          fan, the fan would realize that the entry of player names in                
          keeping a scorecard is essential.  Likewise, the display of                 
          this list of players (the lineup) would be clearly suggested                
          to the artisan.  Finally, the Peters baseball scorecard device              
          would have to permit entry of field position information and                
          event information.  Thus, the functions recited in claim 13                 
          for the processor means would have to be carried out by any                 
          electronic device accurately functioning as a baseball                      
          scorecard.  The identification of these different functions of              
          a baseball scorekeeper as different modes of operation is not               
          a patentably nonobvious distinction.                                        
          Although we have found many of appellant’s arguments                        
          with respect to claim 13 to be nonpersuasive, we do agree with              
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