Appeal 2007-0472
Application 09/931,817
FINDINGS OF FACT
The following findings of fact (FF) are believed to be supported by at
least a preponderance of the evidence. To the extent any finding is a
conclusion of law, it may be treated as such.
1. The invention claimed is drawn to a method of playing a game
involving game spaces, advertising objects, and clues. Solving a clue
includes interacting with the advertising object and once solved directs the
player to proceed to the next game space and corresponding advertising
object.
2. The Examiner finally rejected claims 25-28 as being unpatentable
under 35 U.S.C. § 102(e) or 103(a) over Sporgis (Answer 3).
3. U.S. Patent 6,320,495 (“Sporgis”) issued on 20 November 2001 on an
application filed on 24 March 2000 and therefore qualifies as prior art under
35 U.S.C. § 102(e).3
4. The Examiner has made a limitation-by-limitation analysis of the
claims. (Answer 4-5).
5. The Examiner finds that “either Sporgis inherently has at least one
advertising object in each game space (i.e., as a clue), or it would have been
obvious to one of ordinary skill in the art at the time of the invention to have
modified Sporgis to have at least one advertising object in each game space
in order to carry out the suggestion that commercial sponsors may support
the game in exchange for advertising rights.” (Answer 4).
6. Appellant makes one rebuttal argument to the Examiner’s prima facie
case:
3 Appellant does not challenge Sporgis’ qualifications as prior art.
3
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013