Appeal No. 2004-2334
Application No. 09/888,145
fortune cookie (10) used in the play of such card games wherein
at least one strip of paper (12) having one hand unit of cards
represented thereon is embedded in a fortune cookie in the
conventional manner that traditional fortunes are currently
embedded into fortune cookies. Independent claims 1, 6 and 11
are representative of the subject matter on appeal and a copy of
those claims can be found in Appendix A of appellant's brief.
The prior art references of record relied upon by the
examiner as evidence of obviousness under 35 U.S.C. § 103(a) are:
Reynolds 3,768,813 Oct. 30, 1973
Mueller 3,770,278 Nov. 6, 1973
Claims 1, 3 through 6, 8, 10, 11, 13 and 14 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Mueller.
Claims 2, 7, 9 and 12 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Mueller in view of Reynolds.
Rather than reiterate the examiner's statement of the above-
noted rejections and the conflicting viewpoints advanced by
appellant and the examiner regarding those rejections, we refer
to the answer (Paper No. 12, mailed October 1, 2003) for the
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