Ex parte OLSON - Page 2




               Appeal No. 2001-1225                                                                          Page 2                  
               Application No. 09/019,693                                                                                            


                                                         BACKGROUND                                                                  
                       The appellant's invention relates to a game played on a playing surface.  An                                  
               understanding of the invention can be derived from a reading of exemplary claim 1, which                              
               appears in the appendix to the appellant's Brief.                                                                     
                       The prior art references of record relied upon by the examiner in rejecting the                               
               appealed claims are:                                                                                                  
               Seede                                          1,599,188                      Sep.  7, 1926                           
               Sterlicchi et al. (Sterlicchi)                 3,647,215                      Mar.   7, 1972                          
               Schwartz                                       3,841,632                      Oct.  15, 1974                          
               Breslow                                        3,907,294                      Sep. 23,1975                            
               Laciste                                        4,146,228                      Mar. 27, 1979                           
               Sexton                                         4,934,024                      Jun. 19, 1990                           
               Melton                                         4,962,929                      Oct. 16, 1990                           
               Chou et al. (Chou)                             5,467,538                      Nov. 21, 1995                           
               Gay                                            5,882,007                      Mar. 16, 1999                           
                       Claims 1-5, 8 and 9 stand rejected under 35 U.S.C. § 103 as being unpatentable                                
               over Seede in view of Breslow, Gay, Sterlicchi, Schwartz, Chou and Laciste.                                           
                       Claim 6 stands rejected under 35 U.S.C. § 103 as being unpatentable over the                                  
               references applied against claim 1 et al. further in view of Sexton.                                                  
                       Claim 7 stands rejected under 35 U.S.C. § 103 as being unpatentable over the                                  
               references applied against claim 1 et al. further in view of Melton.                                                  
                       Rather than reiterate the conflicting viewpoints advanced by the examiner and the                             
               appellant regarding the above-noted rejections, we make reference to the Answer (Paper                                









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