Appeal No. 2004-0190 Page 4
Application No. 09/479,531
guide indicia. The structural units forming the layer are placed adjacent the structural
guide associated with that layer, and the structural guides are incorporated into the
simulated structure.
Whitehurst discloses an educational puzzle comprising, as best illustrated in
Figure 2D, a plurality of pyramid-shaped elements which are assembled together in a
cavity defined in the upper surface of a “base 8" (column 5, line 13) to form an enlarged
structure of pyramid shape. Guidance for assembling the structure is provided by
indicia 7a and 7b, which direct the player to orient the units in a particular manner. The
examiner has taken the position that the base and each of the pyramids that constitute
the structural units are “guides.” The appellant argues that such is not the case, and
that the only guide disclosed in the reference is base 8.
Claim 26 recites a plurality of structural units and a plurality of structural unit
guides, and requires that the guides be placed adjacent to the structural units. While
we would concede that base 8 of Whitehurst is a structural unit guide, we agree with the
appellant that additional “guides” are lacking in Whitehurst, that is, there are a number
of structural units each having indicia thereon, but there are no additional guides that
are placed adjacent to the structural units. This being the case, Whitehurst does not
disclose or teach all of the structure recited in claim 26, and therefore is not anticipatory
of the claimed subject matter. The Section 102 rejection of claim 26 is not sustained.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007