Appeal No. 2005-0988
Application 09/878,592
number of game pieces based on the contestant correctly selecting
pricing indicia representing the price of four small products or
prizes, and 3) a Pachinko-type stage 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, with the contestant then
winning, 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. Thus, one modifying a gaming machine such as that in
Pierce by providing a bonus game based on PLINKO as played on the
television game show THE PRICE is RIGHT (in place of the bonus
Pachinko game of Pierce) would obtain a three stage game like
that claimed by appellant and any advantages thereof that would
naturally flow from following the suggestion of the prior art to
make such a combination. In making the above determinations, we
have presumed skill on the part of the artisan rather than the
converse. See, In re Sovish, 769 F.2d 738, 743, 226 USPQ 771,
774 (Fed. Cir. 1985).
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