Ex Parte MACKEY - Page 2




            Appeal No. 2004-0190                                                          Page 2              
            Application No. 09/479,531                                                                        


                                               BACKGROUND                                                     
                   The appellant's invention relates to a board game having buildable structures.             
            An understanding of the invention can be derived from a reading of exemplary claim 1,             
            which appears in the appendix to the appellant's Brief.                                           
                   The prior art references of record relied upon by the examiner in rejecting the            
            appealed claims are:                                                                              
            Staples et al. (Staples)               2,557,481                 Jun. 19, 1951                    
            Burkhart                               3,651,574                 Mar. 28, 1972                    
            Bergstrom                              4,434,984                 Mar.   6, 1984                   
            Owen                                   4,896,888                 Jan. 30, 1990                    
            Katerba                                5,052,687                 Oct.    1, 1991                  
            Whitehurst                             5,407,201                 Apr.  18, 1995                   
            Stevens                                5,615,883                 Apr.    1, 1997                  
            Sihra                                  5,685,120                 Nov. 11, 1997                    
                   Claim 26 stands rejected under 35 U.S.C. § 102(b) as being anticipated by                  
            Whitehurst.                                                                                       
                   Claim 28 stands rejected under 35 U.S.C. § 102(b) as being anticipated by Sihra.           
                   Claims 14-16 and 24 stand rejected under 35 U.S.C. § 103(a) as being                       
            unpatentable over Katerba in view of Staples.                                                     
                   Claim 17 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over               
            Owen in view of Berstrom and Burkart.                                                             
                   Claim 27 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over               
            Whitehurst in view of Stevens.                                                                    








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