Ex Parte YOSELOFF et al - Page 8




          Appeal No. 2002-1022                                                        
          Application 09/326,934                                                      


          As noted on page 12 of the brief, appellants have grouped                   
          dependent claims 3 and 5 with claim 1, indicating with regard to            
          the rejection under 35 U.S.C. § 102(b) that claims 1, 3 and 5               
          “shall stand or fall with the patentability of claim 1.”  We                
          therefore also sustain the examiner’s rejection of claims 3 and 5           
          under 35 U.S.C. § 102(b) based on Andersen.                                 
          Looking now to Yamamoto, we note that this patent discloses                 
          a physical reel slot machine like that generally defined in claim           
          1 on appeal and, as seen in Figures 1 through 4 of the patent,              
          includes a plurality of reels or rotary members, each in the form           
          of an endless belt (34) that carries symbols (not shown)                    
          associated with the reel slot game on an outer surface thereof.             
          In addition, the endless belts each have perforations (36)                  
          provided along the opposite edges to allow driving thereof by               
          sprocket wheels (32).  While the examiner directs us to Figure 2            
          of Yamamoto for reels that have “actual, physical borders on the            
          reels that surround the symbols, characters, or alphanumerics               
          that are on the reels” (answer, page 9), we find no such showing            
          in Figure 2, or any other figure, of Yamamoto.  Consequently, we            
          must agree with appellants that there is absolutely no disclosure           




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