Appeal No. 2002-1022
Application 09/326,934
in this patent of the use of “borders as images on the reels,”
and the examiner’s rejection of claims 1, 3 and 5 under 35 U.S.C.
§ 102(b) based on Yamamoto will not be sustained.
The last reference applied by the examiner under 35 U.S.C.
§ 102(b) against claims 1, 3 and 5 is Howard. This patent
discloses a reel structure for use in a physical reel slot
machine game and includes a reel drum (Figs. 5 and 6) over which
is applied a thin plastic reel-strip (e.g., Figs. 3 and 4)
carrying a plurality of symbols (5) formed in relief, sunken
regions (6) surrounding the symbols (5), and raised sections (4)
and (7) surrounding the sunken regions (6). Note also, the reel-
strip seen in Figure 7 of Howard. Like the examiner, it is our
opinion that when either of the thin plastic reel-strips in
Howard is applied over the reel drum and used in a gaming machine
as described in column 1, lines 13-21 of that patent, the areas
(e.g., (4), (6) and (7)) surrounding the symbols (5) will
visually define “borders as images on the reels that surround the
symbols . . .,” as set forth in appellants’ claim 1 on appeal.
Again, we recognize appellants’ argument that a physical
structure cannot be an image, however, appellants’ own disclosure
regarding physical reel formats (specification, pages 12-14)
belies that argument. Moreover, the physical reel drum seen in
9
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007