Ex Parte Slomiany et al - Page 7



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

                          Matsumoto teaches a computer gaming machine for playing dice games. See                                 
                   abstract.  The machine makes use of a video display to display the gaming deck and the                         
                   images of the dice.  See column 3, lines 1 through 9.  The players of the game can enter                       
                   bets (a wager) and receive payouts based upon the bets.  See column 14 through 18.  The                        
                   machine is used to play the game of craps where players place bets on the table, based                         
                   upon the desired outcome of the dice roll, the odds of wining are based upon the position                      
                   of the bets. See column 2, lines 64 through 67.                                                                
                   Edgeworth teaches a coin operated game device. See column 1, lines 1 through 6.                                
                   The device can be used to play the dice game of “twenty six” or other games such a                             
                   “Bunco”.  See column 1, lines 32 through 36.   Edgeworth describes the game “twenty                            
                   six” as being a game where a player selects a character of the dice and then rolls the dice,                   
                   the player is awarded points when the selected character is displayed by the roll of the                       
                   dice.  The player is given 13 rolls of the dice and if after the 13 rolls the player’s point                   
                   total exceeds 26, the player wins.  See column 1, lines 13, through 24. As is apparent                         
                   from the figures, Edgeworth’s device is a mechanically implemented game as opposed to                          
                   a game implemented on a digital computer.                                                                      
                          The rules of traditional Bunco teaches a game played with three dice by multiple                        
                   players, paired as teams, and is played in multiple rounds.  In each round players roll dice                   
                   to try to roll the same number as the round, i.e. in round 3 player are trying to roll at least                
                   one 3.  If one of the dice in the roll matches the round number the player is awarded a                        
                   point and the player is awarded a point for each match.  If all three dice match the round                     
                   number the player gets a “Bunco” and is awarded 21 points.  If there are no matches the                        
                   dice pass to the next player who rolls the dice.  The round ends when one team reaches                         
                   21 points.  The game is played for 6 rounds and then the player with the highest score                         
                   wins.                                                                                                          







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