Appeal No. 2004-0361 Page 3
Application No. 09/854,156
each hand if the final hand comprises a predetermined poker hand ranking.
As evidence of unpatentability, the Examiner relies upon the following prior art
references:
Johnson 5,573,249 Nov. 12, 1996
Williams 6,132,311 Oct. 17, 2000
Kadlic 6,146,271 Nov. 14, 2000
Yoseloff 6,227,969 B1 May 8, 2001
The specific rejections are:
1. Claims 1, 4, 14, 21, and 26 rejected under 35 U.S.C. § 102(e) as being anticipated by
Williams;
2. Claims 2, 3, 5, 8-13, 15-17, 20, and 22 rejected under 35 U.S.C. § 103(a) as being
unpatentable over Williams in view of Johnson;
3. Claims 6, 7, 18, 19, 23, and 24 rejected under 35 U.S.C. § 103(a) as being unpatentable
over Williams in view of Yoseloff; and
4. Claim 25 rejected under 35 U.S.C. § 103(a) as being unpatentable over Williams in view
of Kadlic.
Because the Examiner has failed to establish a prima facie case of unpatentability, we
reverse.
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