Appeal 2007-2064
Application 10/116,562
d) the dealer dealing none, one or more additional cards to the dealer
from said deck in accordance with a set of defined house rules for the game,
defining the dealer's hand;
e) determining if the player's hand is a winning hand by comparing
the player's hand to the dealer's hand;
f) paying the player a winning in the amount of their wager in the
event the player's hand is a winning non-Blackjack hand; and
g) paying the player a winning in the amount of 6:5 times their wager
in the event the player's hand is a winning Blackjack hand.
A. ISSUE
The claimed invention is drawn to a single-deck Blackjack card game that
pays off 6:5 when a player’s hand is a winning Blackjack hand, instead of the
standard 3:2 payoff.
The Examiner contends that the 6:5 payoff would have been obvious to one
of ordinary skill in the art given Webb.
Appellants disagree.
The issue is whether Webb would have led one of ordinary skill in the art to
provide a 6:5 payoff in a single-deck Blackjack card game when a player’s hand is
a winning Blackjack hand.
B. FACTS
1. Payoffs of 3:2 when a player’s hand is a winning Blackjack
hand in a single-deck Blackjack card is standard. Specification, p. 2,
para. [0004].
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