Appeal No. 2004-1254
Application No. 09/625,884
DISCUSSION
Fey, the examiner’s primary reference, discloses a picture
of a so-called “Rock-A-Way” gaming device accompanied by the
following caption:
This 5-pocket nickel version, similar to the Reno, used
a wheel depicting two girls on a teeter-totter that
rocked back and forth before releasing the coin into
the playing field. Edmund Fey patented it as a game of
skill in 1926 [page 79].
As indicated above, independent claim 1 recites a gaming
device comprising, inter alia, a video screen having a plurality
of images and a plurality of positions for the plurality of
images, and means for repeatedly repositioning the plurality of
images as a unit in a coordinated manner to at least two of the
positions to simulate movement of the entire video screen upon
the occurrence of a triggering event. Independent claims 7, 11,
13, 17 and 22 contain similar limitations. The examiner concedes
(see page 2 in the final rejection) that Fey lacks response to
these recitations. According to the examiner, “Fey’s Rock-A-Way
discloses a mechanical version of the claimed invention. Each
and every salient feature of Appellant’s claimed invention
(except for the use of a video screen) was present and well known
in the 1926 Rock-A-Way” (answer, page 6). The examiner further
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