Ex Parte Marta - Page 3




              Appeal No. 2004-1219                                                               Page 3                
              Application No. 10/115,632                                                                               


                     In the BACKGROUND OF THE INVENTION section of the application (pp. 2-4), the                      
              appellant teaches that:                                                                                  
                            In the conventional game of craps, two standard, matched dice are used.                    
                     The players start the game by rolling for "high dice" and the player who rolls the                
                     highest total on the two dice plays the game first, becoming the "shooter" (or the                
                     "roller" or "caster") Variations on the casino play of the game are discussed more                
                     fully below.                                                                                      
                            Initially, the shooter may bet any desired amount. He announces his bet and                
                     places it on the playing surface, generally in the center of the surface being played             
                     upon. The shooter's bet may be accepted, or "faded", in whole or in part, by any                  
                     other player. Each player, in turn to the caster's left, may take (fade) as much of the           
                     shooter's bet as he wishes, with precedence accorded to a player willing to fade the              
                     entire bet.                                                                                       
                            When the bet is faded, the shooter rolls the dice from his bare hand, no cup               
                     ever being used, shaking them before rolling, generally producing clicking to assure              
                     the other players that he is not casting them in a preset position or mode.                       
                            Under the rules of the game, if the faces of the two dice add up to 7 or 11 on             
                     the first roll, that is termed a "natural", and the shooter wins immediately. He                  
                     collects the bets and keeps the dice, and the betting and fading proceed to the next              
                     roll of dice.                                                                                     
                            However, if the total on the dice at the first cast is 2, 3 or 12, that outcome            
                     event is termed "craps" or "crapping out", and the shooter loses, but he keeps the                
                     dice.                                                                                             
                            If the total shown on the first roll is any other of the possible numbers--4, 5,           
                     6, 8, 9 or 10--the number shown on the dice becomes the shooter's "point". At this                
                     stage of play, the shooter has neither won nor lost. He continues to roll until either:           
                     (a) the dice repeat the same number, that is, he makes his point, in which case he                
                     wins, or (b) the dice rolled total 7, in which case he loses and the dice pass to the             
                     next player on his left, who becomes the new shooter.                                             
                            A winning roll, whether from a natural or from making a point, is called a                 
                     "pass". After each pass, the shooter may change his bet.                                          








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