Ex Parte Smith - Page 4

                Appeal 2006-2448                                                                                                         
                Application 10/700,425                                                                                                   

                occurred.  Thompson’s disclosure that the pictures are of familiar objects and                                           
                ordinary Arabic numerals (p. 1, ll. 48-49 and 90-91) at least would have fairly                                          
                suggested, to one of ordinary skill in the art, making the puzzle for people who                                         
                have had commonly occurring life experiences that have given them familiarity                                            
                with the objects and exposure to ordinary Arabic numerals.                                                               
                        For the above reasons we are not convinced of reversible error in the                                            
                rejection over Thompson.                                                                                                 
                                                      Rejection over Collins                                                             
                        Collins discloses a circular jigsaw puzzle comprising 1) a center ring of                                        
                pieces having thereon numerical operands, 2) a middle ring of pieces having                                              
                thereon the same mathematical operator and, outside the mathematical operator, a                                         
                numeral and an equal sign, and 3) an outer ring of identically-shaped pieces having                                      
                numbers thereon which, when the puzzle is correctly assembled, are the result of                                         
                the operation of the mathematical operator on the numbers on the center and                                              
                middle rings (col. 2, l. 36 – col. 3, l. 17; figs. 2-4).  The puzzle is in a container                                   
                comprising a transparent tray and a transparent cover (col. 2, ll. 26-27).  The                                          
                puzzle pieces have indicia on their undersides which, when the puzzle is correctly                                       
                assembled and the transparent tray is covered and inverted, appear as a picture                                          
                (col. 2, ll. 26-35; fig. 6).                                                                                             
                        The Appellant argues that the Examiner’s “argument that math equations                                           
                qualify as life events is an argument that is stretched beyond the bounds of reason”                                     
                (Br. 5).  The Appellant’s claim 11 requires puzzle pieces that correspond to                                             
                different commonly occurring life events, and learning the solution to each type of                                      
                mathematical equation, first with small numbers and then with larger numbers, is a                                       
                different life event and is commonly occurring.                                                                          


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