Ex Parte Tsuchida et al - Page 8



         Appeal No. 2006-2070                                                       
         Application No. 09/986,586                                                 
         have considered “enemy character” to encompass “challenge”.                
         Regardless, the examiner does not explain, and it is not                   
         apparent, how, even if the challenge of moving through the cavern          
         quickly is considered to be the enemy character, the Final                 
         Fantasy VIII reward based upon the difference between the                  
         estimated and actual times for reaching the end of the cavern and          
         defeating the Boss is related to how much damage the player has            
         inflicted upon the Boss immediately before the Boss is defeated.           
              The examiner argues that Kondo, which is applied to some of           
         the dependent claims, discloses, at column 21, lines 13-40,                
         awarding a player with a greater number of points the closer the           
         player gets to the threshold value of defeating the character              
         (answer, page 8).  That portion of Kondo discloses that if a main          
         character remains within a specified distance of an enemy                  
         character for a particular time, the main character is considered          
         to be successful and the level of the game (i.e., the proximity            
         time and the points awarded) is raised by one stage.  That                 
         portion of Kondo does not disclose changing a parameter assigned           
         to a player character to a first condition or a second condition           
         based upon the amount of damage inflicted on an enemy character            
         immediately before the player character defeats the enemy                  
         character.  Thus, the relied-upon portion of Kondo does not                
         remedy the deficiency in Ohnuma and Final Fantasy VIII as to the           
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