Ex parte NICKERSON - Page 13




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


          appellant that the recitation of field position manually                    
          operable elements dedicated to a given field position is not                
          suggested by the applied prior art.  Therefore, we do not                   
          sustain the rejection of claim 13 or of claims 14-19 and 30-32              
          which depend therefrom.                                                     
          With respect to independent claim 23, appellant argues                      
          that the prior art does not teach or suggest a means for                    
          suspending the game mode and switching to the substitute                    
          player entry mode as recited therein [brief, page 17].  The                 
          examiner simply responds that it would have been obvious to                 
          suspend the game mode and switch to the substitute player mode              
          because it was common in baseball to have substitute players                
          enter the game [answer, page 17].  Although we agree with the               
          examiner that it is common in the game of baseball to make                  
          substitutions, we see no reason why the game would have to be               
          suspended in order to do this.  Appellant has claimed a                     
          specific way to make player substitutions, and this claimed                 
          way is not suggested by the applied prior art.                              
          Appellant also argues that claim 23 recites some dual                       
          function manually operable elements which enter player names                
          in a player entry mode and event data in a game playing mode.               
                                         13                                           





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