Appeal No. 2005-0469 Page 3
Application No. 10/093,994
(mailed February 25, 2004) for the examiner's complete reasoning in support of the
rejections and to the brief (filed December 15, 2003) and reply brief (filed March 12,
2004) for the appellants’ arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner. As a consequence
of our review, we make the determinations which follow.
Byrne discloses a set of game pieces, such as dominos. Each set comprises x
subsets, with the number of game pieces in each subset being n+1. For twin region
subsets, each game piece is divided into two regions, with each region having one or
more marks or indicia thereon. The marks or indicia are divided into categories and the
game pieces are grouped into subsets according to one category of indicia carried
thereon. In other words, every game piece of a particular subset carries an indicia of a
single category S on a first region thereof. One of the pieces in that set carries the
indicia of category S on its first and second region and the remaining pieces of the
subset carry successively one through n indicia of multiple category M. All game pieces
of each of the x subsets are provided with an indicia from the associated category S(1)
through S(x) on a first region, with one of the game pieces also carrying the indicia from
the associated category S(1) to S(x) on its second region and with the remaining pieces
carrying from one to n indicia of category M. This can best be understood by referring
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