Ex Parte Zimmer et al - Page 4



            Appeal 2007-2064                                                                                  
            Application 10/116,562                                                                            

                   2. Webb discloses a reverse Blackjack card game using a single                             
                   deck (col. 5, l. 62) that pays off above 1:1 when a player’s hand is a                     
                   winning Blackjack hand (col. 6, l. 25).                                                    
                   In a casino environment, in order to compensate for an increased                           
                   house advantage, payouts to a winning player may correspond to a                           
                   predetermined payoff scale in accordance with the player’s hand. For                       
                   example, if a two-card total of the player’s hand is 21, i.e., a natural                   
                   Blackjack, the dealer may pay the player based on the wager above 1                        
                   to 1, such as 3 to 2.                                                                      
                   Webb, col. 6, ll. 19-26.                                                                   
                   3. A payoff of 6:5 is more than a 1:1 payoff.                                              
                   4. A reverse Blackjack game differs from a standard Blackjack                              
                   game in that the dealer’s hand is resolved according to the rules prior                    
                   to resolving the player’s hand. In the standard game, the dealer reveals                   
                   only one card before the player’s hand is resolved Webb, col. 2,                           
                   ll. 19-26.                                                                                 
                   5. The Blackjack game described in the claims does not specify                             
                   who must first reveal their cards or how many.                                             
                   6. Appellants have submitted one declaration from C.J. Graham, a                           
                   Director of Table Games at the Flamingo Las Vegas, and three                               
                   declarations from Charles W. Zimmer, a co-inventor, under 37 C.F.R.                        
                   1.132. All are attached to the Brief.                                                      
                   7. According to the Declarations, the 6:5 single-deck blackjack                            
                   game of the claims is (1) popular with casino players, (2) popular with                    

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