Appeal No. 2006-2057
Application No. 10/277,482
and a person who plays War in a casino (col. 3, lines 11-13). As shown in the
figure, the game has three segments. The first is War (high card), the second is
Blackjack (21), and the third is Poker. A card is drawn for the first game, and the
player, after being given a second card to start the second segment, can draw up to
five more cards while playing the hand of Blackjack. For the third segment, the
game of Poker, the player is given additional cards, if the player does not already
have seven cards, so that the player and dealer each have seven cards. However, in
each of these segments, the player plays against the dealer's hand and does not play
against a paytable for the third segment, as claimed (col. 3, lines 29-53), and each
player obtains a total of seven cards as opposed to the maximum of six cards given
to each player in the invention of claim 1. Awada ('643) further discloses that the
players are preferably entitled to contribute to a jackpot and bonus pool. Players
are allowed to contribute to the bonus and jackpot pool at the initiation of the
game. When a player's seven cards include a rank of four of a kind or higher, a
bonus is paid from the pool to the player.
From this disclosure, we additionally find that in Awada ('643), the bonus
and jackpot is paid based on the player having four of a kind or better, and not
based upon winning or pushing at least two successive segments of the game.
Turning to Ornstein, we find that the reference is directed to a gaming system and
method for multiple game wagering (col. 1, lines 1 and 2). Ornstein discloses that
one technique that can be used to increase the attraction of games of chance and
lengthen the time in which the players will stay at a particular gaming table is to
base the player's ultimate winning payoff, not just on a single play of a game, but
on their success on repeated plays (col. 1, lines 30-34). As noted by the examiner
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