Appeal No. 2004-2334
Application No. 09/888,145
claims as argued by appellant and thus direct our attention to
all of the claims on appeal that have been separately argued.
Looking to the prior art Mueller patent relied upon by the
examiner in the rejection of claims 1, 3 through 6, 8, 10, 11, 13
and 14 under 35 U.S.C. § 103(a), we note that Mueller discloses a
cookie game including a plurality of cookies (11) packaged
together as a set with a fortune-like strip of paper (12) baked
inside each cookie. Each strip of paper contains a segment of a
written composition which is interrelated with segments found on
the other fortune-like paper strips associated with other cookies
in the package. When all the paper strips in the various fortune
cookies in the package are properly arranged in a predetermined
sequence they recreate the written composition. Each of the
paper strips bears a randomly selected letter of the alphabet as
an identifying mark and the package contains a separate key
(Fig. 4) showing the correct arrangement of the paper strips to
recreate the written composition.
Claim 11 on appeal is directed to a "novelty item"
comprising,
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