Ex Parte Butler - Page 8



          Appeal No. 2005-1266                                            8           
          Application No. 10/227,755                                                  

          II. The 35 U.S.C. § 102(e) rejection of claim 11 as being                   
          anticipated by Rosi                                                         
               Rosi discloses a board game having a gangster motif.  The              
          following passage from the reference fairly summarizes the game:            
                    Yet another object of the present invention is to                 
               provide a new gangster board game which includes a game                
               board [10] having a plurality of playing spaces [11a,                  
               11b] arranged in a pair of [square] paths including an                 
               inner location path [12] and an outer sidewalk path                    
               [13].  The playing spaces forming the inner location                   
               path are designated location playing spaces and the                    
               playing spaces forming the outer sidewalk path are                     
               designated sidewalk playing spaces.  Each of the                       
               location playing spaces is assigned a unique game                      
               location and having indicia indicating the unique game                 
               location of the respective location playing spaces.                    
               Each of the sidewalk playing spaces being having unique                
               playing instructions displayed therein.  Each player is                
               assigned a playing piece [15] and corresponding police                 
               record sheet [16] to each player, a sum of the play                    
               money [17], a contract card [21] and a contract                        
               recording sheet [22].  A plurality of sequential player                
               turns are performed comprising rolling a die [18],                     
               moving the playing piece of the player a number of                     
               sidewalk playing spaces corresponding to the value                     
               rolled on the normal die, performing the instructions                  
               displayed on the sidewalk space on which the playing                   
               piece terminates its move on, performing the                           
               instructions of the steps of the contact card of the                   
               player, and recording completion of the performed                      
               instructions of the steps of the contract card of the                  
               player.  The first player to complete performance of                   
               all of the instructions of all of the steps of their                   
               contract card is declared the winner [column 3, lines                  
               30 through 54].                                                        
               Rosi also teaches that in attempting to complete a contract            
          card, “[t]he contracts will have you moving all over the board in           






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