Ex Parte Blankstein - Page 9



          Appeal No. 2005-0988                                                        
          Application 09/878,592                                                      

          by the examiner and involves a selection stage used for awarding            
          a number of game pieces based on the contestant correctly                   
          selecting pricing indicia representing the price of four small              
          products or prizes.  Each correct answer results in the winning             
          of a game piece to be used in the next stage of the game, wherein           
          the contestant drops the game pieces, one at a time, into a                 
          Pachinko-type peg board and allows them to ricochet downwardly              
          through the pegs until the game piece lands in one of a plurality           
          of different denomination pay slots at the bottom of the board.             
          The contestant then wins, in addition to the prize in the initial           
          price guessing stage, the cumulative amount of cash indicated               
          after having dropped all of the game pieces through the Pachinko-           
          type peg board.                                                             

          In rejecting claims 11 and 20 through 22 under 35 U.S.C.                    
          § 103(a) the examiner recognizes that the gaming machine in                 
          Pierce lacks a bonus game like that specifically defined in, for            
          example, claim 21 on appeal, but concludes based on the                     
          collective teachings of Pierce, Mayeroff and “Plinko” that it               
          would have been obvious to one of ordinary skill in the art at              
          the time of appellant’s invention to substitute the popular                 
          “PLINKO” game as played on the long-running television game show            
          “THE PRICE is RIGHT” for the Pachinko-type bonus game disclosed             

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