Appeal No. 2006-2057
Application No. 10/277,482
Appellants' position (brief, page 12) is that neither Awada ('643) nor
Ornstein shows an award based on consecutive wins within the play of a single
hand. We note that not withstanding appellant's assertion to the contrary, claim 1
does not recite an award based on consecutive wins within the play of a single
hand. As the player can draw additional cards for each segment of the game, up to
a maximum of six cards, we find that as a player draws additional cards, the
player's hand changes. What claim 1 recites is that the fourth wager is resolved by
paying the player for at least two wins or pushes on consecutively played game
segments, not for wins within the play of a single hand as asserted by appellant.
Appellant further asserts that there is no teaching in Ornstein of an optional wager
on winning multiple consecutive components of a single multi-component game.
It is further argued that in Awada ('643), the jackpot component is not related to
winning consecutive segments of a multi-segment wagering game. Appellant adds
(brief, pages 12 and 13) that "[n]either Awada nor Ornstein has any teaching of this
step. As neither reference has a teaching of this specific step, it is impossible for
the step to be obvious from the combination of references." Appellant
additionally asserts (13) that there is no basis from Awada or Ornstein that the
third wager should be resolved against a paytable. It is argued, (id.), that there is
no teaching, suggestion or motivation for this specific modification. It is
additionally argued (brief, page 15) that claim 1 recites that each player holds six
cards, whereas in Awada, each player ultimately holds seven cards.
From our review of the record, we find that Awada ('643) is directed to a
multi-card game for a casino (col. 1, lines 1 and 2). An object of the invention is to
provide a game that includes features that attract Poker player, Blackjack player,
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