Appeal No. 2004-2334
Application No. 09/888,145
claims are directed to a "pre-dealt card game" (claim 1) and a
"pre-dealt poker game" (claim 6) comprising at least two separate
hand units of cards, wherein each hand unit of cards is displayed
on a paper strip at least partially contained inside a fortune
cookie. Thus, appellant's game, like the cookie game of Mueller,
requires a plurality of fortune cookies, with each cookie
containing a strip of paper having game specific indicia printed
thereon, i.e., a hand unit of cards in appellant's game and lines
of text from a larger written composition in Mueller's game. In
this instance, we find that the differences between the game
defined in appellant's claims 1 and 6 on appeal and the cookie
game of Mueller reside in the content of the printed matter
carried by the strip of paper in each fortune cookie and the
meaning and information conveyed to a user/player by such printed
matter.
As with claim 11 discussed above, we find no new and
unobvious functional relationship between the printed matter and
the paper strips of appellant's claimed "card game" of claim 1 or
"poker game" of claim 6, and thus conclude that the differences
engendered by such printed matter are not entitled to patentable
weight. Furthermore, like the examiner, we view the differences
88
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