Appeal No. 2004-1219 Page 7
Application No. 10/115,632
teaches that dice games can be embodied in either a table or slot machine format.7,8 In
view of this teaching of Moore, it is our conclusion that it would have been obvious at the
time the invention was made to a person of ordinary skill in the art to have embodied the
conventional game of craps in a slot machine for the self evident advantages thereof such
as not having to physically contact and throw the dice. Moreover, in view of Moore's
teaching that "the subject game could be incorporated completely or in part with a
pre-existing craps game," it continues to be our view that Moore suggests a slot machine
which can play both Moore's dice games and the conventional game of craps.
In light of the foregoing, the appellant's request for rehearing is granted to the extent
of reconsidering our decision, but is denied with respect to making any change thereto.
7 The appellant admits (specification, p. 8) that other casino games (e.g., poker, keno, lotto and
bingo) have been adapted so as to be played in slot-machine-like devices.
8 It must be borne in mind that where two known alternatives are interchangeable for their desired
function, an express suggestion of the desirability of the substitution of one for the other is not needed to
render such substitution obvious. See In re Fout, 675 F.2d 297, 301, 213 USPQ 532, 536 (CCPA 1982);
In re Siebentritt, 372 F.2d 566, 568, 152 USPQ 618, 619 (CCPA 1967).
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