Ex Parte FOX et al - Page 8




              Appeal No. 2002-0105                                                                      8               
              Application No. 09/398,891                                                                                


                     In addition, the examiner should consider whether the above disclosures, including                 
              Moody’s disclosure that the concepts of the invention may be extended to other known                      
              casino games such as CARIBBEAN STUDŽ poker, LET IT RIDEŽ poker or Texas Hold                              
              ‘Em poker, would have suggested to one of ordinary skill in the art that Moody’s method                   
              may be extended to include contemporaneously playing first and second different poker                     
              formats, such that one or more of appellants’ claims would have been obvious in view of                   
              Moody’s teachings, when taken either alone or in combination with other prior art of which                
              the examiner may be aware.  In considering this issue, the examiner should read U.S. Pat.                 
              No. 4,836,553 and U.S. Pat. No. 5,288,051, which have been expressly incorporated by                      
              reference into the disclosure of Moody, in order to determine precisely how CARIBBEAN                     
              STUDŽ poker and LET IT RIDEŽ poker, respectively, are played.                                             























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