Ex Parte Slomiany et al - Page 2



                   Appeal No. 2006-1772                                                                                           
                   Application No. 09/993,359                                                                                     

                                                               Invention                                                          

                          The invention relates to a gaming machine, which allows a player to play a dice                         
                   type game having the attributes of the game Bunco.   See page 2 of appellants’                                 
                   specification.                                                                                                 
                          Claim 109 is representative of the invention and reproduced below:                                      
                          109. A gaming machine for playing a Bunco-type dice game comprising:                                    
                          a video display device;                                                                                 
                          a cpu having a program operating a dice game;                                                           
                          a wager input mechanism which registers a wager placed by a player;                                     
                          said program establishing a set of differing gameplay dice elements, including a                        
                                  subset of at least one match point at the start of the game, each said match                    
                                  point having a match indicium for potential matching with a subsequent                          
                                  toss of the dice elements;                                                                      
                          said program establishing and displaying a random toss of a plurality of dice                           
                                  elements at each stage of play, and determining for each die element                            
                                  tossed at a stage of play whether its randomly selected indicium matches                        
                                  said match indicium of said match point; and                                                    
                          a payout mechanism providing an award according to a predetermined first                                
                                  paytable for each match on a toss.                                                              
                                                           References                                                             
                   The references relied upon by the examiner are:                                                                
                                  Edgeworth  2,125,236  Jul.   26, 1938                                                           
                                  Matsumoto  5,263,715  Nov. 23, 1993                                                             
                                  Falciglia  5,647,798  Jul.   15, 1997                                                           
                   Dice Gamers Resources –Bunco Rules (http://www.buncogame.com/brules.shtml,                                     
                   January 2000).                                                                                                 
                                                      Rejections at Issue                                                         
                          Claims 109 through 115 stand rejected under 35 U.S.C. § 103 as being                                    
                   unpatentable over Matsumoto in view of Edgeworth and Bunco Rules.  The examiner’s                              
                   rejection is set forth on pages 3 through 5 of the answer.  Claims 113 and 114 stand                           
                   rejected under 35 U.S.C. § 103 as being unpatentable over Matsumoto in view of                                 


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