Ex Parte Harris et al

Patent Trial and Appeal BoardNov 19, 2012

10901014 (P.T.A.B. Nov. 19, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 10/901,014 07/28/2004 Ronnie W. Harris MTO.0066P 7649 32856 7590 11/19/2012 WEIDE & MILLER, LTD. 7251 W. LAKE MEAD BLVD. SUITE 530 LAS VEGAS, NV 89128 EXAMINER SUHOL, DMITRY ART UNIT PAPER NUMBER 3716 MAIL DATE DELIVERY MODE 11/19/2012 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte RONNIE W. HARRIS and TED GRAV ____________________ Appeal 2010-009004 Application 10/901,014 Technology Center 3700 ____________________ Before: MURRIEL E. CRAWFORD, BIBHU R. MOHANTY, and MEREDITH C. PETRAVICK, Administrative Patent Judges. CRAWFORD, Administrative Patent Judge. DECISION ON APPEAL Appeal 2010-009004 Application 10/901,014 2 STATEMENT OF CASE Appellants seek our review under 35 U.S.C. § 134 from the Examiner’s final rejection of claims 1-5. We have jurisdiction under 35 U.S.C. § 6(b). SUMMARY OF THE DECISION We reverse. BACKGROUND Appellants’ invention is directed to a method and apparatus for awarding wins and displaying winning results for game play (Spec., para. [0002]). Claim 1 is illustrative: 1. A method of presenting a game comprising the steps of: accepting a wager from each of at least two players to play said game, each wager having a first value defined by one or more wager credits of a first denomination of a currency; designating at least one winning outcome for said game from a plurality of potential outcomes for said game; associating an award with each winning outcome, the award associated with each winning outcome having a second value defined by one or more secondary credits, each secondary credit having a second denomination of the same currency which is a fraction of said first denomination, the award associated with each winning outcome varying depending upon a size of a wager placed by a player to play said game; presenting said game to said at least two players, each player attempting to obtain a winning outcome for said game; and awarding to a player receiving a winning outcome said award associated therewith. Appeal 2010-009004 Application 10/901,014 3 Appellants appeal the following rejections: Claims 1-3 are rejected under 35 U.S.C. § 102(b) as anticipated by Canterbury (US 6,364,314 B1, iss. Apr. 2, 2002). Claims 4 and 5 are rejected under 35 U.S.C. § 103(a) as unpatentable over Canterbury. ISSUE The issue of anticipation turns on whether Canterbury discloses denominations of currency used for wagers that are different from those used for awards. FACTUAL FINDINGS We find the following facts by a preponderance of the evidence. 1. Canterbury discloses a player machine with coin entry slot 26 and bill acceptor 33 in which player may deposit funds. (Col. 2, ll. 28- 52). 2. Canterbury discloses the player machine contains coin tray 34 into which winnings may be discharged. (Col. 2, ll. 55-57). 3. Canterbury discloses payoff awards for winning wagers based on odds, and payback percentages applied to the number of betting units wagered. (Col. 5, ll. 45-62). ANALYSIS We are persuaded of error by the Examiner by Appellants’ argument that Canterbury discloses that wagers are placed in a denomination of currency and awards are paid in that same denomination. App. Br. 11. Appeal 2010-009004 Application 10/901,014 4 Canterbury discloses that wagers may be placed using bills (FF 1) and paid out to a coin tray (FF 2), but the cited sections of Canterbury (Ans. 3-4, 6-7) do not disclose a second denomination of awards different from those used for wagers. Although Canterbury accepts wagers using bills and coins, which represent different denominations of a currency such as dollars and cents, Canterbury calculates payoffs only in terms of the single denomination of “betting units” (FF 3). Since Canterbury does not disclose a second denomination of currency for awards, we reverse the rejection of claim 1, and dependent claims 2-5. DECISION We reverse the rejections of claims 1-3 under 35 U.S.C. § 102(b) and claims 4 and 5 under 35 U.S.C. § 103(a). REVERSED hh