Ex Parte GORDON et al - Page 2




             Appeal No. 2003-1371                                                              Page 2                
             Application No. 09/186,856                                                                              


             Berkley Systems have allowed multiple players to compete via the Internet.  (Spec. at                   
             1.)                                                                                                     


                    The appellants opine that the market for computer games is driven by action                      
             games that attract boys.  To date, they add, most commercially successful computer                      
             games have been written for, and marketed to, boys.  (Id.)                                              


                    In contrast, the appellants' computer game requires its two players to act                       
             cooperatively (and independently) to complete the game.  Different modes of                             
             cooperation are provided within the context of a story and include holding a door for a                 
             player, handing a tool to a player, and helping a player lift an object.   Furthermore, both            
             players must complete the game together; neither player can complete the game                           
             without the other.  (Id. at 47.)  The appellants believe that such cooperation "is                      
             necessary for the success of a girl-directed computer game."  (Id. at 8.)                               


                    A split-screen mode and a single-screen mode enhance the difference between                      
             cooperative action and independent action.  When players are cooperating, the single-                   
             screen mode is generally used; when players are acting independently, the split-screen                  
             mode is generally used.  (Id. at 47.)  The appellants believe that the modes, which allow               
             close interaction between players, will appeal to girls.  (Id. at 13.)                                  








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