Ex Parte Rose et al - Page 2

                Appeal 2006-3079                                                                                   
                Application 10/708,033                                                                             
                       Appellants’ claimed invention is directed to a card game.  The card                         
                game utilizes a deck of cards divided into a first suit, consisting of threat                      
                cards, and second suit, consisting of tool cards, and involves players                             
                selecting a hand including a card from the first suit and at least one card                        
                from the second suit, telling a story based on the selected hand of cards, and                     
                receiving scores from the other players.  (Specification [0004] – [0005].)                         
                Claims 1 and 12 are illustrative of the invention and read as follows:                             
                              1. Playing cards comprising a deck divided into a                                    
                              first suit and a second suit, wherein the first suit                                 
                              comprises threat cards, and the second suit                                          
                              comprises tool cards.                                                                
                              12. A method of playing a card game comprising:                                      
                                     (a) providing playing cards comprising a                                      
                              deck having a first suit and a second suit, wherein                                  
                              the first suit comprises threat cards, and the second                                
                              suit comprises tool cards, and wherein the first suit                                
                              and the second suit are separated from each other                                    
                              into a first group and a second group;                                               
                                     (b) a first player selecting a threat card from                               
                              the first group and a tool card from the second                                      
                              group, and telling a story based on the selected                                     
                              hand of cards, and scoring from zero points to a                                     
                              selected number of points for the story;                                             
                                     (c) continuing play as in step (b) with at                                    
                              least one other player; and                                                          
                                     (d) continuing with play among players until                                  
                              all cards have been selected from the two groups                                     
                              or until an agreed upon time has been reached.                                       
                       The Examiner relies upon the following as evidence of                                       
                unpatentability:                                                                                   
                Bouchal                           US 4,637,799              Jan. 20, 1987                         
                Dwyer                             US 5,417,432              May 23, 1995                          
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