Appeal No. 2004-0473 -5-
Application No. 10/034,527
Townsend pertains to a Euchre score board. The device comprises a centrally
located legend 50 numbered 1 through 10 that divides the board into two tabulation areas.
Starting at the legend 50 and proceeding outward, each area comprises a first vertical
column of ten peg receiving holes 54 or 56 immediately adjacent the centrally located
legend, followed by a second vertical column of four peg receiving holes 58 or 60
immediately adjacent the first vertical column, followed by an additional legend 62 or 64
numbered 1 through 10, followed by a third vertical column of the ten peg receiving holes
70 or 72. The first vertical columns are used to indicate each team’s score (from 1 to 10)
in the course of a single game, the second vertical columns are used to indicate the
number of “euchres” scored (from 1 to 4) by a team in the course of a single game, and
the third vertical columns are used to indicate the number of games won (from 1 to 10) by
a team. In addition, a series of six holes 78 is provide across the bottom edge of the
board for storing unused pegs during the course of play.
In rejecting claim 1, the examiner takes the position that it would have been obvious
to one of ordinary skill in the art in view of the teachings of Smith to modify the scoring
device of Price “to include the suits and a process to allow identification of such for
simplicity” (final rejection, page 3), and that it also would have been obvious to use Smith’s
device as a Euchre score board in view of Townsend. Implicit in the above is the
examiner’s determination that the modified scoring device of Price would correspond to
the subject matter of claim 1 in all respects.
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