Appeal 2007-2810
Application 09/894,501
The issues are whether Hoke shows awarding a bonus round and a
“secondary event bonus round game” that adds a secondary bonus round in the
form of an “apparent” game of skill, rather that a true game of skill, to a first level
game of chance.
B. FACTS
The record supports the following findings of fact (FF) by a preponderance
of the evidence.
1. Hoke shows a slot machine. Should the reels align the player must first shoot
a ball in the mouth of a snake to get the payout (p. 4, col. 1, ll. 11-24, the snake can
be seen at the top of Fig. 1).
2. Shooting a ball in a snake’s mouth is a game of skill.
3. Hoke (p. 4, col. 1, ll. 47-52) discloses: “Should the operator feel it is
necessary to adjust the head 87 to have the open mouth 88 more accurate to the
path of the throw of the ball … [adjust the knob].”
C. PRINCIPLES OF LAW
“A claim is anticipated only if each and every element as set forth in the
claim is found, either expressly or inherently described, in a single prior art
reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631,
2 USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987).
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