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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