Appeal 2006-3079
Application 10/708,033
claims 1-11 as anticipated by Dwyer and, more specifically, that Dwyer
lacks a deck comprising two suits, as recited in claims 1 and 11, or that any
of the features recited in dependent claims 2-10 patentably distinguishes
over Dwyer. The second issue is whether Appellants have demonstrated
either that Calhoun discloses a predetermined, inherent relationship between
the sentence and picture cards that so departs from the subject matter of
claims 12-27 that claims 12-27 are patentable over Calhoun in view of
Bouchal or that any of the features recited in dependent claims 13-26
patentably distinguishes over Calhoun in view of Bouchal.
FINDINGS OF FACT (FF)
FF1. Dwyer discloses an alphabet playing card deck comprising 52 cards
consisting of two duplicate sets of alphabetic cards and an additional four
cards including “wild or joker” cards or informational cards (Dwyer, col. 6,
ll. 20-23). Each letter card may also include additional smaller
representations of the letter in the upper right and lower left hand corners
(Dwyer, col. 6, ll. 28-31). Each of the sets of alphabetic cards has 26 cards
(Dwyer, Abstract).
FF2. As illustrated in Figs. 5A-C, each card preferably also depicts a
subject, the spelling of which starts with the same alphabetic letter appearing
on the face of that card (Dwyer, col. 6, ll. 44-47).
FF3. Dwyer discloses “different colored borders or other differentiating
feature for each of the two sets of alphabetic cards” to permit young children
to separate the card deck into two complete alphabetic sequences (Dwyer,
col. 8, ll. 51-55).
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