Appeal No. 2002-1022
Application 09/326,934
According to the examiner, Ishibashi discloses a slot
machine including a sound generating means that makes distinct
sounds for each of the plurality of symbols displayed on the
reels (2), (3) and (4) therein, but does not disclose sound
effects like those required in appellants’ claims on appeal.
Turning to Okuniewicz, the examiner notes that this reference
discloses a sound card for making various sound effects for
casino gaming devices and indicates that the sound files can be
changed to make customized sound effects. From these teachings,
the examiner concludes that “[i]t would have been obvious to a
person of ordinary skill in the art to include the sound card of
Okuniewicz in Ishibashi to create the specific sounds of the
instant claims” (answer, page 6). The examiner further asserts
that the programmable sound card of Okuniewicz is functionally
capable of providing those sound effects and that it is “merely a
matter of obvious design choice.”
Contrary to the examiner’s apparent belief that appellants
have argued that the applied references are “not capable of
producing the instant claimed sound effects” (answer, page 15),
we note that appellants have actually asserted that neither
Ishibashi nor Okuniewicz discloses or suggests any of the sound
emitting functions that are recited in the presently rejected
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