Ex Parte Hartl - Page 4


                   Appeal No.  2006-0648                                                                     4                    
                   Application No.   09/815,181                                                                                   

                          Attention is directed to the main and reply briefs (filed December 8, 2003 and                          
                   October 5, 2004) and answer (mailed September 20, 2004) for the respective positions of                        
                   the appellant and examiner regarding the merits of these rejections.                                           
                                                         DISCUSSION                                                               
                          Malek, the examiner’s primary reference, discloses “a method . . . for playing a                        
                   mixture of Twenty-One, a modified Poker, and Baccarat wherein a player simultaneously                          
                   plays against a dealer and other players” (column 1, lines 8-11).  The following passage                       
                   from the reference summarizes Malek’s playing method:                                                          
                                  providing a playing station for each player, said playing station                               
                          comprising:                                                                                             
                                          (i) a card playing area having a first horizontal row of two                            
                          boxes, a second horizontal row of five boxes, and a third row of two                                    
                          boxes;                                                                                                  
                                          (ii) a bank betting area positioned to one side of the card                             
                          playing area and having three positions corresponding to said first, second,                            
                          and third rows of boxes in said card playing area; and                                                  
                                          (iii) a player betting area positioned to the other side of the                         
                          card playing area and having three positions corresponding to said first,                               
                          second and third rows of boxes in said card playing area;                                               
                                  each player making a first bet in at least two of said three positions                          
                          in said bank betting area of their playing station;                                                     
                                  the dealer dealing a first card face-up to each player and one card                             
                          face-down to the dealer;                                                                                
                                  at least one player making a second bet in at least one of said three                           
                          positions in said player betting area of his playing station;                                           
                                  the dealer dealing additional cards face-down to each player, the                               
                          total number of cards dealt to each player being determined based on the                                
                          position of each first bet in the bank betting area of each playing station                             
                          and the number of boxes in each row corresponding to said position;                                     
                                  the dealer dealing to himself additional cards equal to the highest                             
                          number of cards dealt to any one player;                                                                
                                  each player organizing his cards in up to three hands corresponding                             
                          to two cards for Twenty-one, five cards for Draw Poker and two cards for                                
                          Baccarat, and then assembling those organized cards in each of said first,                              
                          second, and third rows of boxes corresponding to each position in the bank                              
                          betting area of each player station in which the player has placed a first                              
                          bet;                                                                                                    






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