Ex Parte Mitchell et al - Page 4



             Appeal 2007-1928                                                                                  
             Application 10/163,282                                                                            


                                                   ISSUES                                                      
                   In view of the above-noted rejections, the issues presented for our decision                
             are whether the Examiner has established the lack of novelty and the prima facie                  
             obviousness of the claimed subject matter.                                                        

                                            FINDINGS OF FACT                                                   
                   1.  Guertin discloses a game used to instruct players in how to do                          
             genealogical research.  The game is played on a family tree 10 as shown in Figure                 
             1, which has recesses 17 for the reception of tokens 18.  The tokens carry facial                 
             indicia of selected ancestors.  As the game is played, the players receive additional             
             tokens, and game play consists of a race between the players to fill all slots 17 on              
             each player’s family tree 10.  The game also includes a deck of cards 20.                         
             Presumably, the cards are less than 4 x 4 inches square.                                          
                   2.  Sterr ‘310 discloses specialty confetti dye-cut out of plastic foam.  The               
             foam is stacked into tube 34 and shot into the air using compressed gas.  Sterr                   
             mentions the prior art uses paper such as tissue paper for making confetti.  Also                 
             Sterr discloses that waste paper and other goods have often been used to make                     
             confetti.  Sterr discloses many shapes for his die-cut foam pieces, and the pieces                
             are die cut in stacks of foam sheets.  Sterr believes that the foam confetti can                  
             provide an interesting memento of an occasion in which it is utilized.  Sterr                     
             mentions that a logo or message maybe imprinted on the surface of the foam to                     
             enhance the unique confetti experience.                                                           

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