Appeal No. 2003-1844 Page 8
Application No. 09/643,130
a visual image, which is then processed by CPU 52 and displayed on video display
monitor 58. The displayed visual images may be adjusted by the user via user control
60. In a preferred embodiment, the user control 60 includes a touch sensitive display
screen which permits to user to reach out and touch the visual images and manipulate
them, as will now be described.
Referring now to Figure 6 of Gibson, a mix window displayed on monitor 58
shows three spheres 220a, 220b and 220c suspended within the boundaries of room
200. Any of the spheres 220a, 220b, or 220c, may be panned to any horizontal or
x-position between speakers 212 and 214 by moving the image of the spheres on the
monitor 58. The spheres may also be moved up and down.
The appellants argue (brief, pp. 7-8) that every element of claims 23, 25, 26 and
28 is not disclosed in Gibson. We agree. Specifically, Gibson does not disclose the
claimed microprocessor means which causes a sound line stored in the memory means
to be emitted by the speaker means when a player touches a field on the touch screen
means that corresponds with the image displayed in the touched field as recited in
claims 23, 25, 26 and 28. Moreover, Gibson does not disclose a video casino game
machine. Claims 23, 25, 26 and 28 are directed to a video casino game machine and
Gibson's apparatus for using visual images to mix sound is not a video casino game
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