Ex Parte FOUND et al - Page 6




          Appeal No. 2003-1317                                                        
          Application 09/043,787                                                      


          whereas Weiss requires the participating EGMs to be of the same             
          type.  Appellants also argue that Weiss fails to teach or suggest           
          the monitoring and detection of hardmeter signals.  Appellants              
          argue that there is no need to monitor hardmeter signals in order           
          to be involved in a jackpot award process.  Appellants also argue           
          that Acres relates to a single venue only and does not have an              
          enabling disclosure for implementing a mystery jackpot.                     
          Appellants note that the discrete signals of Acres are not the              
          same as the claimed hardmeter signals.  With respect to Tracy,              
          appellants argue that Tracy does not teach hardmeter signals or             
          machines not ordinarily designed for use in a network.  Finally,            
          appellants argue that Weiss does not teach or suggest the feature           
          of the award of the jackpot being independent of the gaming                 
          results of the one EGM [brief, pages 8-14].                                 
          The examiner responds that Weiss teaches different EGMs                     
          at column 1, lines 30-35, column 3, lines 49-53 and column 9,               
          line 65 to column 10, line 3.  The examiner also responds that              
          the various signals monitored by Weiss suggest the monitoring of            
          hardmeter signals as claimed.  The examiner disputes appellants’            
          assertion that there is no need to monitor hardmeter signals for            
          awarding a jackpot because the amount of money played is                    
          necessary to determine the jackpot winner.  The examiner notes              

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