Ex Parte GORDON et al - Page 20




                 Appeal No. 2003-1371                                                                                 Page 20                     
                 Application No. 09/186,856                                                                                                       


                         Because players act jointly in using the teleport box while the screen is split, we                                      
                 find that Naka requires joint action while the display is split.  Therefore, we affirm the                                       
                 obviousness rejection of claim 4 and of claim 15, which falls therewith.                                                         


                         We agree with the examiner's explanation that "Naka et al. [discloses] two types                                         
                 of 'joint action,' one in the 'cooperative mode' with merged screen and one with position                                        
                 exchange during split screen."  (Examiner's Answer at 10.)  We also agree with her                                               
                 finding that "these are different joint actions at different points of the game."  (Id.)                                         
                 Because the game requires that the first character leads the second character when                                               
                 one character falls far behind the other character, and the players also act jointly in                                          
                 using the teleport box while the screen is split, we find that Naka requires different joint                                     
                 action at different points in the game.  Therefore, we affirm the obviousness rejection of                                       
                 claim 8 and of claims 11 and 13, which fall therewith.                                                                           


                         We agree with the examiner's finding that "Naka . . . at least splits at the point of                                    
                 the game for competition, and merges at the point of the game where a player falls                                               
                 behind.  These points occur at different scenes or at parts of the game which require                                            
                 different actions."  (Examiner's Answer at 11.)  Therefore, we affirm the obviousness                                            
                 rejection of claim 14 and of claim 16, which falls therewith.                                                                    









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