Ex Parte GORDON et al - Page 22




                 Appeal No. 2003-1371                                                                                 Page 22                     
                 Application No. 09/186,856                                                                                                       


                         Contrary to the appellants' argument, the limitations do not preclude a player                                           
                 from winning.  For its part, Naka discloses that "[t]he player whose character crosses                                           
                 the largest chunk of playfield or accumulates the most points wins."  Col. 22, l. 68 -                                           
                 col. 23, l. 2.  Once a player wins, the game is over for both players.  Because the                                              
                 adventure game is over for both players simultaneously, we find that no player can                                               
                 complete the game without the other player also completing the game.  Therefore, we                                              
                 affirm the obviousness rejection of claim 6; of claims 9, 12, and 17, which fall therewith;                                      
                 of claim 20; and of claim 21, which falls therewith.                                                                             


                                                         G. COOPERATIVE ACTIONS                                                                   
                         The examiner finds, "[t]he cooperative following of player two in the cooperative                                        
                 mode clearly meets the limitation 'one player operating on a first object before the other                                       
                 player operates on said first object.'"  (Examiner's Answer at 12.)  He further finds,                                           
                 "Logg clearly teach players sharing limited resources (11:64-65), and further, acting                                            
                 cooperatively to defense each other from monster and overcome challenges (11:54-                                                 
                 12:20)."  (Id. at 13.)  The appellants argue, "Logg [does not] require any of the actions                                        
                 listed in claim 19."  (Appeal Br. at 26.)                                                                                        


                                                           1. Claim Construction                                                                  
                         Claim 18 recites in pertinent part the following limitations:                                                            








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