Ex parte DICKERSON et al. - Page 4




          Appeal No. 1999-1722                                                        
          Application No. 08/729,602                                                  


          Rejection (1)                                                               
               The basis of this rejection is stated on page 4 of the                 
          examiner’s answer as follows:                                               
                         Legras et al disclose a video poker machine                  
                    which requires making decisions based upon the                    
                    display and comparing the outcome with a                          
                    paytable and dispensing an award based upon the                   
                    outcome of the game and all the other features                    
                    of the applicants’ claimed invention except the                   
                    means to dispense bills.  Wahlberg shows a                        
                    device that accepts coins and bills and                           
                    dispenses both coins and bills so that the                        
                    machine is not quickly depleted of coins.  It                     
                    would have been obvious to one of ordinary skill                  
                    in the art in view of the showing and teaching                    
                    of Wahlberg to provide the device of Legras et                    
                    al with means to dispense bills so the coins are                  
                    not as quickly depleted.                                          
               After fully considering the record in light of the                     
          arguments presented in appellants’ brief and reply brief, and               
          in the examiner’s answer, we conclude that rejection (1) is                 
          not well taken.  Legras discloses a gaming machine in which                 
          bills are accepted through slot 24 and stored in box 48.                    
          Although Legras discloses, as the examiner points out, that if              
          the indicia on the reels line up in a predetermined pattern,                
          "the player is paid a jackpot" (col. 4, lines 51 and 52), the               
          Legras patent does not disclose that the machine accepts                    
          coins, nor does it disclose that there is any payout in bills               
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