Ex Parte Janney - Page 2

                  Appeal 2006-1533                                                                                          
                  Application 10/607,472                                                                                    
                                identifying the hue of each color card and an intensity indicia                             
                                identifying the intensity of each color card; and                                           
                         a chromatic wheel displaying all the unique colors displayed on the                                
                                color cards in a chromatic order in which the color cards are to                            
                                be  aggregated.                                                                             

                                                 THE REFERENCES                                                             
                  Brandt                                        US 1,568,206                           Jan.   5, 1926       
                  Howard                                      US 1,738,902                          Dec. 10, 1929           
                  Napolitano                                 US 5,362,061                          Nov.  8, 1994            
                                                  THE REJECTIONS                                                            
                         The claims stand rejected as follows: claims 1, 3 and 4 under                                      
                  35 U.S.C. § 102(b) as anticipated by or, in the alternative, under                                        
                  35 U.S.C. § 103 as obvious over Napolitano; claims 1, 3 and 4 under                                       
                  35 U.S.C. § 103 as obvious over Napolitano in view of Brandt; and claims 7-                               
                  12 and 15-21 under 35 U.S.C. § 103 as obvious over Napolitano in view of                                  
                  Brandt and Howard.                                                                                        
                                                        OPINION                                                             
                         We affirm the aforementioned rejections.                                                           
                                               Rejection over Napolitano                                                    
                         Napolitano discloses a board game comprising a chance device (14)                                  
                  having a printed circular area (16) divided into eight pie-shaped sections,                               
                  each colored one of the eight basic colors (col. 2, ll. 15-16 and 36-38).  Near                           
                  the border of each side of a game board (2) are two square areas (20), each                               
                  colored with a different one of the eight basic colors (col. 2, ll. 41-43).  A                            
                  user places on top of each colored area a plurality of matching color cards                               
                  (22) (col. 2, ll. 43-46).                                                                                 



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