Appeal No. 2007-0943 Page 2
Application No. 09/965,163
The invention is directed to a method of playing a gaming machine and a
gaming machine “for dispensing a sweepstakes entry in response to predetermined
criteria” (Specification 2:4-5). According to claim 1 (see below), the criteria are
“at least one of a number of game plays, a frequency of play, a number of activated
pay lines, a player-tracking information, and a time of day.” The Specification
admits that gaming machines are known (Specification 2:8-10). The invention
seeks to make gaming machines more entertaining by having the gaming machine
dispense a sweepstakes entry form when certain conditions are triggered. “The
sweepstakes entry is filled out by the player and submitted to a sweepstakes
provider for a subsequent drawing” (Specification 2:23-24).
The claims are rejected as follows:
• Claims 1, 14, 18, and 27 under 35 U.S.C. § 103(a) as being unpatentable
over Moody (US 2002/0093136 A1) in view of Brune (US 5,851,148) and
Brandstetter (US 2003/0036427 A1);
• Claims 3-4, 16, and 20-21 under 35 U.S.C. § 103(a) as being unpatentable
over Moody in view of Brandstetter and Horniak (US 2003/0100362 A1); and,
• Claims 37 and 38 under 35 U.S.C. § 103(a) as being unpatentable over
Moody in view of Brune, Brandstetter, and Erlichson (US 2001/0039513 A1).
We AFFIRM.
The Brief2 separately argues the following groups of claims:
• Claims 1, 3, 4, 14, 16, 18, 20, 21, 27, 37, 38 (Br. 7-12); and,
2 Our decision will make reference to Appellants’ Appeal Brief (“Appeal Br.,”
filed Jun. 15, 2006), the Examiner's Answer (“Answer,” mailed Sep. 6, 2006), and
Appellants’ Reply Brief (“Reply Br.,” filed Nov. 6, 2006).
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