Appeal 2007-2174
Application 10/751,614
It is to be expressly understood that the chips . . . could be
used in a number of different capacities. These capacities
include, but are not limited to, the following:
1. Carry a denominational value and be used to
participate in a bonus promotion or progressive game. .
2. Not carry a denominational amount, but qualify the
player to participate in a bonus game or promotion either
during a predetermined scheduled event time frame . . .
or at any time.
3. Used as a promotional incentive distributed via
marketing to potential players to entice them to play a
live card game.
4. The special chips . . . can be part of a series of
special chips with each special chip for a different
promotion, even constituting restricted chips for junket
play (that is, for special, predefined groups, chips could
be issued to members of those groups allowing, for
example, play on certain games for certain amounts or
certain promotions).
(Id. at 11.) Moreover, according to the Specification, the chips “could be
utilized to create a distinguishable signal that could be used to increment a
meter, fund a bonus pool, fund a promotion, or as a triggering device.” (Id.
at 12.)
It is therefore clear from the Specification that “class of gaming
chips” as designating a promotion or a side-bet is merely an example of what
could be used to differentiate one class of chips from a second class of chips.
In addition, claim 31, although dependent on claim 27, comprises game
chips of a first and second class, and limits the “value and class information
contained in said [transponder of the second class of chips] identifies a
player using said second class casino chip.” Thus, if we read “class of
gaming chips” as Appellants suggest, limiting the identification of the
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