Appeal 2007-2074
Application 10/658,863
Appellants have claimed priority under 35 U.S.C. § 120 for the filing dates
of these earlier-filed applications4:
10/016,436, filed April 29, 20025;
09/249,118, filed February 2, 19996;
09/170,092, filed October 13, 1998;
08/889,919, filed July 10, 1997; and,
08/504,023, filed July 19, 1995.
Accordingly, there is a presumption that the present application has an effective
filing date of at least July 19, 1995. That date is before de Keller’s filing date
(September 11, 1995) and issue date (November 2, 1999). De Keller therefore
4 “This application is a continuation-in-part of U.S. Patent Application Serial
No. 10/016,436, filed April 29, 2002, titled Player Banked Three Card Poker and
Associated Games, which in turn is a continuation-in-part of U.S. Patent
Application Serial No. 09/249,118 filed February 2, 1999 which in turn is a
continuation-in-part of U.S. Patent Application Serial No. 09/170,092 filed
October 13, 1998, now U.S. Patent No. 6,237,916 issued May 29, 2001, which is a
continuation-in-part of U.S. Patent Application Serial No. 08/889,919 filed July 10,
1997 now U.S. Patent No. 6,056,641 issued May 2, 2000, which is a division of
U.S. Patent Application Serial No. 08/504,023 filed July 19, 1995, now U.S Patent
No. 5,685,774 issued November 11, 1997” (Specification 1). See also p. 1 of the
“COMBINED DECLARATION AND POWER OF ATTORNEY,” filed
February 2, 2004.
5 USPTO’s records indicate that the filing date is November 1, 2001. This does not
accord with the information in the Specification of the present application. The
Examiner should check both and have the mistake corrected.
6 USPTO’s records indicate that the filing date is February 12, 1999. This does not
accord with the information in the Specification of the present application. The
Examiner should check both and have the mistake corrected.
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