Appeal No. 1998-2386
Application No. 08/757,749
completion of said overall image” language of claim 1 as
requiring that the second image portion be a continuous or
uninterrupted part of the overall image. While we appreciate2
that Engel’s disclosure is highly relevant to the game set
forth in appellant’s claims, it is our view, based on the
above interpretation, that the half tone images [24] of Engel
are not continuous or uninterrupted parts of the character
[20] which assist in completion of the overall image.
Instead, as Engel explains, the character [20] is a cartoon
corresponding to the theme of the album (col. 2, lines 27-29)
while half tone images [24] may be scenes in a story told in
album [10] with each half tone image [24] being different from
the other, but with each corresponding to a full color scene
[26] printed on one of the various stickers [12] (id. at 34-
40). The fact that the characters [20] and half tone images
[24] are printed on the same sheet does not justify a finding
that the characters [20] and half tone images [24] of Engel
2The American Heritage Dictionary of the English Language (3rd ed.
1992) defines “continuity” as “1.The state or quality of being continuous.
2.An uninterrupted succession or flow; a coherent whole.”
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