Appeal No. 2007-0943 Page 3
Application No. 09/965,163
• Claim 38 (Br. 12-14).
I. Claims 1, 14, 18, and 27 under 35 U.S.C. § 103(a) as being unpatentable over
Moody in view of Brune and Brandstetter (US 2003/0036427 A1)
Pursuant to the rules, the Board selects representative claim 1 to decide the
appeal with respect to this group of claims. 37 C.F.R. § 41.37(c)(1)(vii) (2006). It
reads as follows:
1. A method of playing a gaming machine, comprising:
receiving a wager to initiate play of a game on the gaming machine;
randomly selecting an outcome for the game from a plurality of
possible outcomes;
awarding a monetary payout from the gaming machine for a winning
outcome;
dispensing a tangible sweepstakes entry form from the gaming
machine in response to a predetermined triggering condition, said triggering
condition being based on 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;
completing the tangible sweepstakes entry form manually with
identifying indicia;
submitting the sweepstakes entry form to enter the sweepstakes
without involving the gaming machine; and
conducting the sweepstakes after the sweepstakes entry form is
dispensed from the gaming machine.
A. Issue
Appellant contends that (1) the prior art does not teach or disclose the
claimed triggering events that trigger the gaming machine to dispense the
sweepstakes entry (Appeal Br. 8-9) and (2) there is no motivation or suggestion to
combine the references that would lead one of ordinary skill in the art to the
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