Ex Parte Joshi - Page 4



            Appeal No. 2007-0943                                                  Page 4                    
            Application No. 09/965,163                                                                      

            claimed dispensing of a sweepstakes entry form in response to the claimed                       
            triggering conditions (Appeal Br. 9-12).                                                        
                   The issue is whether Appellant has shown error in the rejection of the claims            
            over the prior art.                                                                             

                   B. Finding of Facts                                                                      
                   The record supports the following findings of fact by a preponderance of the             
            evidence.                                                                                       
            1.     All the claims are rejected over at least Moody and Brandstetter.                        
            2.     Moody discloses a gaming machine which receives a wager to initiate play                 
            of a game, randomly selecting an outcome from a plurality of possible outcomes,                 
            awarding a monetary payout from the gaming machine and dispensing a                             
            sweepstakes entry form (Moody [0025]).  The dispensing of the sweepstakes entry                 
            form is triggered by, for example, when a player achieves certain “a combination                
            of symbols on a pay line” (Moody [0030]).                                                       
            3.     The claims describe a method whereby a gaming machine receives a wager                   
            to initiate play of a game, randomly selects an outcome from a plurality of possible            
            outcomes, awards a monetary payout from the gaming machine and dispenses a                      
            sweepstakes entry form.  The sweepstakes entry form is dispensed upon a                         
            triggering of a condition by the gaming machine, including in response to “a                    
            number of activated pay lines” (claim 1).                                                       
            4.     Moody does not disclose the claimed steps of manually completing the                     
            sweepstakes form, submitting the sweepstakes entry form without involving the                   






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