Ex Parte KRINTZMAN - Page 2




              Appeal No. 03-2051                                                                  Page 2                
              Application No. 09/127,183                                                                                


                                                   BACKGROUND                                                           
                     The appellant's invention relates to an enhanced payout feature for gaming                         
              machines.  An understanding of the invention can be derived from a reading of                             
              exemplary claim 23, which has been reproduced below.                                                      
                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Smith III et al. (Smith)                  4,504,062                   Mar.12, 1985                        
              UK Patent Application (McArthur)          2 211 975 A                 Jul.  12, 1989                      
                     Claims 3-8 and 23 stand rejected under 35 U.S.C. § 102(b) as being anticipated                     
              by McArthur.                                                                                              
                     Claims 10-15, 24 and 25 stand rejected under 35 U.S.C. § 103(a) as being                           
              unpatentable over McArthur in view of Smith.                                                              
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellant regarding the above-noted rejections, we make reference to the Answer                       
              (Paper No. 28) for the examiner's complete reasoning in support of the rejections, and                    
              to the Brief (Paper No. 27) for the appellant's arguments thereagainst.                                   
                                                       OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                    
              the appellant's specification and claims, to the applied prior art references, and to the                 









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