Ex Parte Shalit - Page 5



        Appeal No. 2006-0811                                                            
        Application No. 10/323,510                                                      

             The examiner argues that Bingo discloses “selecting a bingo                
        ball from a plurality of balls, selecting a came [sic, game]                    
        card, checking to determine if a match exists, and in that case                 
        the area corresponding to that number is either filled with a                   
        crayon or marked as being a matched number” (answer, page 4).                   
        Bingo discloses, in the commercial session embodiment, writing                  
        the called numbers in boxes in one of three rows on a card                      
        (page 274).  The boxes into which the numbers are written                       
        are blank, and the numbers are merely written into the boxes.                   
        There is no tracing area "comprising a symbol educationally                     
        corresponding to said game board indicia" as required by claim 1,               
        or step of tracing as required by claim 16.  Consequently, the                  
        examiner has not established a prima facie case of anticipation                 
        over Bingo of the game claimed in the appellant’s claims 1 and 11               
        or the method claimed in the appellant’s claim 16.                              
            Rejection of claims 5, 6, 12 and 13 under 35 U.S.C. § 103                   
                       over Adkison in view of Hankins                                  
             Claims 5 and 12 require that the tracing area comprises an                 
        erasable surface.2                                                              
                                                                                       
             2 Those claims erroneously recite “drawing area” instead of                
        “tracing area”.                                                                 


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