Ex Parte Acres - Page 6



            Appeal No. 2005-1664                                                                       
            Application 09/878,111                                                                     
            monitoring the level of play of a player on multiple gaming                                
            machines, it does not teach "transmitting data related to the                              
            monitored level over the network" and "storing the data on a                               
            computer connected to the network" as recited in claims 49 and 57                          
            and does not teach "generating a computer message based on the                             
            monitored level" as recited in claim 57 (RBr3).                                            
            Analysis                                                                                   
                  Initially, we must interpret what is meant by "monitoring                            
            the level of play of a player on multiple gaming machines" since                           
            this is the main limitation at issue.  When the limitation was                             
            added, appellant stated that the support for monitoring the level                          
            of play of a tracked player on multiple machines can be found in                           
            the application at, among other places, page 3, line 23 et seq.,                           
            page 7, line 7 et seq., and page 8, line 19, line 19 et seq.                               
            (amendment received April 1, 2003, page 4).  These portions of                             
            the specification describe tracking players using a casino-issued                          
            player tracking card which the player inserts into a card reader                           
            associated with each EGM.  Although "monitoring the level of play                          
            of a player on multiple gaming machines" could be interpreted to                           
            mean the level of play on multiple gaming machines at the same                             
            time, this is not disclosed.  The specification describes                                  
            monitoring a plurality of variables relating to play on the                                
            gaming machines, including the rate at which the interconnected                            
            machines are played, the time that the interconnected machines                             
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