Appeal No. 2004-0323 Page 27
Application No. 09/716,045
goal 36 assigned to that team to be protected from access by the opposing team. The
object of the game is for one of players 22 of a particular team to carry ball 18 through
that team's designated target goal 36.
In our view, while the teachings of Lenhart may have made it obvious at the time
the invention was made to a person of ordinary skill in the art to have modified the
device of Methfessel as modified by Larsen to play Lenhart's game, such would not
arrive at the subject matter of claims 8 and 9. None of the applied prior art is
suggestive of the subject matter of claim 8 (i.e., "at least one goal is provided within
said chamber for use in playing games, all existing goals being recessed within the said
wall defining said chamber." In that regard, Lenhart's goal 36 is not within the chamber
for use in playing games and Lenhart's goals 36 are not recessed within the wall
defining the chamber. Accordingly, the decision of the examiner to reject claim 8, and
claim 12 dependent thereon, under 35 U.S.C. § 103 as being unpatentable over
Methfessel and Larsen in view of Lenhart is reversed. Furthermore, none of the applied
prior art is suggestive of the subject matter of claim 9 (i.e., "pairs of opposed goals are
provided within said chamber for use in playing games, said goals being accessible
through apertures within the said wall defining said chamber." In that regard, Lenhart's
goals 36 are not within the chamber for use in playing games and Lenhart's goals 36
are not accessible through apertures within the wall defining the chamber.
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