Ex Parte Butler - Page 4



          Appeal No. 2005-1266                                            4           
          Application No. 10/227,755                                                  

          Hence, claims 2 through 8 shall stand or fall with representative           
          claim 1 (see In re Young, 927 F.2d 588, 590, 18 USPQ2d 1089, 1091           
          (Fed. Cir. 1991); In re Wood, 582 F.2d 638, 642, 199 USPQ 137,              
          140 (CCPA 1978)).                                                           
               Smith discloses a board game designed to teach biblical                
          principles.  The game includes a game board 10, a plurality of              
          playing pieces 90 each representative of a different player, a              
          supply of simulated money (see the Abstract; and column 1, lines            
          26 through 30), at least one die 85 for randomly determining the            
          movement of the playing pieces, a plurality of consequence cards            
          in the form of “sin,” “providence,” “blessing” and “reward” cards           
          50, 55, 60 and 65 which are labeled to match spaces on the board            
          and randomly drawn by a player to provide instructions to be                
          followed by the player, and a plurality of stewardship cards in             
          the form of asset and end of life tally sheets (see column 5,               
          line 63, through column 6, line 17) for recording the relative              
          positions of the players during the game.  The board 10 (see                
          Figure 1C) includes first, second and third sections respectively           
          embodied by an outer octagonal section, an inner branch section             
          extending between spaces 30 through 35 and a further inner branch           
          section extending between spaces 35 through 45.  Each of these              
          sections has defined spaces indicating an instruction to be                 





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