Ex Parte Tsuchida et al - Page 4



         Appeal No. 2006-2070                                                       
         Application No. 09/986,586                                                 
         the control member successively) for changing damage points of a           
         virtual enemy (monster).  Thus, it is possible for the user to             
         actively participate in the battle” (col. 4, lines 2-6).  “[T]he           
         user can increase the changing rate of the magic power by                  
         pressing the decision button 112d multiple times so as to                  
         increase the damage points of the magic attack.  At this time,             
         the levels of the respective graphic effect, sound effect, and             
         vibration effect are also increased based on the changing rate”            
         (col. 12, lines 2-7).  A damage calculating means “calculates the          
         damage points of the magic attack based on a predetermined damage          
         points determined by the level of the main character 200, the              
         selected type or level of the magic spell or magic item, and the           
         changing rate” (col. 15, lines 12-16).                                     
              Final Fantasy VIII discloses a video game having a fire               
         cavern full of creatures that are fire-based and, therefore,               
         particularly weak against ice magic.  The quicker you can make             
         your way through the Fire Cavern to complete your objective, the           
         better your chance of earning a higher SeeD ranking.                       
              The examiner argues, regarding Ohnuma (answer, page 4):               
                   Upon execution, the computer will compare an amount of           
              damage inflicted on the enemy character by the player                 
              character each time the player character attacks, including           
              before and immediately before the player character defeats            
              the enemy (Column 15, lines 50-57).  Each enemy character             
              has a threshold value set in the form of hit points.  When            
              the amount of damage done by the player character is not              
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