Appeal No. 2005-0983
Application 09/923,675
achieved. Unlike Schneider, instant claim 1 does not require
some qualifying event, such as a winning hand, to qualify to get
to the bonus round.
As correctly put by appellants,
Claim 1 simply establishes a bonus feature that is in play
on every round of video poker. The accumulation of correct
card matches continues through every subsequent round of
video poker until a complete match has been achieved. Once
a complete match has been achieved, the player may or may
not win an award depending on how many rounds of video poker
it took to achieve the complete match.
In Schneider, once the player qualifies for a bonus
round, the matching action of the bonus round continues
until the player wins an award. In Schneider, the player
always wins an award once the player gets to the bonus
round.
There is nothing in Falciglia that overcomes this
deficiency of Holmes as modified by Schneider (brief-page
9).
We agree. With the deficiencies and differences noted supra
with regard to Schneider, it is not apparent to us why the
skilled artisan would have modified Holmes in any manner with the
teachings of Schneider so as to arrive at the instant claimed
invention.
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