Appeal No. 2006-1772
Application No. 09/993,359
allows the user to select more than one match point. Edgeworth teaches that the user
selects the match point, Edgeworth does not teach that the user is constrained as to which
indicia must be selected, and thus the selection is random. Therefore, appellants’
arguments have not convinced us of error in the examiner’s rejection of claim 115.
Accordingly, we sustain the examiner’s rejection of claim 115 under 35 U.S.C. § 103.
Rejection of claims 113 and 114.
Initially we note that the examiner rejects claims 113 and 114 as being
unpatentable over the combination of Matsumoto Edgeworth and Bunco; and also the
combination of Matsumoto, Edgeworth, Bunco and Falciglia. As both rejections rely
upon the combination of Matsumoto, Edgeworth and Bunco, we will treat both rejections
in the same discussion.
On page 12 of the brief and page 11 of the reply brief, appellants argue that
claims 113 and 114 contain a randomly allocated free advancement feature, which is not
shown in the art. On page 9 of the reply brief, appellants argue that Falciglia discloses an
extra spin in a video bingo game and that there is no suggestion or motivation to combine
this reference with the dice games of Matsumoto, Edgeworth and Bunco Rules.
The examiner’s statement of rejection based upon the combination of Matsumoto,
Edgeworth and Bunco does not identify where this feature is taught. The examiner’s
statement of rejection based upon Matsumoto, Edgeworth, Bunco and Falciglia, state that
this feature is not taught by Matsumoto, Edgeworth and Bunco, however is taught by
Falciglia. The examiner finds that Falciglia teaches free spins and that their use is to
continue a game that would otherwise terminate.
We disagree with the examiner and do not find that the free spin teaching of
Falciglia in combination with Matsumoto, Edgeworth and Bunco teaches the limitations
of claims 113 and 114. Claim 113 recites “the game includes a randomly selected free
advancement feature, and determines a game ending condition if no match is made at a
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