Appeal No. 2002-0105 7
Application No. 09/398,891
16, lines 23-45, that the games of CARIBBEAN STUDŽ poker and LET IT RIDEŽ poker
allow for additional separate wagers based on the dealer’s five card stud hand and
payouts of this additional wager in accordance with a separate pay table. It is explained at
column 16, lines 46-55, that a similar additional separate wager can be placed in Texas
Hold ‘Em poker based on the poker hand value of the five community cards utilized in the
play of that game.
The examiner should consider whether any of the above disclosures may be fairly
regarded as an anticipation of one or more of appellants’ claims. For example, with
respect to Moody’s disclosure at column 3, lines 47-61, the examiner should consider
whether “draw poker” and “stud poker” qualify as first and second different poker formats.
A similar inquiry should be made with respect to Moody’s disclosure at column 11, lines
29-48, of playing horizontal rows of cards in accordance with the general principles of
Moody’s invention and in addition playing vertical columns of cards as five card stud
hands.4
2(...continued)
4,836,553, the disclosure of which is incorporated by reference into the Moody patent.
3The game of LET IT RIDEŽ poker is described in U.S. Pat. No. 5,288,051, the
disclosure of which is incorporated by reference into the Moody patent.
4In addressing these issues, the examiner should determine what constitutes the
broadest reasonable interpretation of the claim terminology “first poker format” and
“second poker format different from the first poker format” when said terminology is
read in light of appellants’ disclosure.
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