Appeal No. 2002-1022
Application 09/326,934
As for the examiner’s proposed modification of Yamamoto into
a video format reel slot game wherein the reels or endless belts
(34) of Yamamoto would be recreated in a virtual format, we note
that since Yamamoto shows no symbols, no frames and no borders on
the endless belts (34), it would be impossible to say exactly
what such a virtual reel format would look like. Thus, we are
unable to agree with the examiner’s conclusion of obviousness
based on Yamamoto as modified by Barrie or Marnell II or
Falciglia, and that rejection will not be sustained.
The next rejection for our review is that of claims 9
through 14 and 21 under 35 U.S.C. § 103 as being unpatentable
over Ishibashi in view of Okuniewicz. Independent claim 9, as
well as independent claims 10 and 21, are directed to another
aspect of appellants’ disclosed invention, that being the use of
unique, special audio sounds specifically designed to allow
visually impaired persons to play reel slot casino gaming
apparatus independently, i.e., without the need for a sighted
spotter. Listings of possible special audio features or sounds
increasing accessability of the visually impaired to appellants’
reel casino wagering apparatus are set forth on pages 16 through
18 of the specification and in claims 9, 10 and 21.
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