Ex parte NICKERSON - Page 14




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


          As we noted above with respect to claim 13, any baseball                    
          scorekeeping device must permit the entry of player names and               
          the entry of event information.  Peters suggests the use of a               
          switch which can adjust the mode of data being input into the               
          device.  Thus, the idea of broadly using the same input                     
          elements to enter two different kinds of data would have been               
          obvious in view of the teachings of Peters and the common dual              
          mode keys of conventional calculators.                                      
          Appellant also argues that a means for associating                          
          event data entered in the processor with the name of the                    
          player who was at bat at the time that the event occurred is                
          not suggested by the applied prior art.  We are not persuaded               
          by this argument since the baseball fan would have realized                 
          that events of a game such as balls and strikes must be                     
          associated with the player who is at bat.  The modified Peters              
          device would have to have this capability in order to create                
          an accurate record of a baseball game.                                      
          Although we have found many of appellant’s arguments                        
          with respect to claim 23 to be nonpersuasive, we do agree with              
          appellant that the recitation of a program means for                        
          suspending the game mode and switching to the substitute                    
                                         14                                           





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