Decision Nº O/211/06 from Intellectual Property Office - (Patent decisions), 27 July 2006
| Judge | Mr A C Howard |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/211/06 |
| Date | 27 July 2006 |
| Patent Number | GB0229511.1, GB0411821.2, GB0411822.0, GB0413162.9 |
| Parties | IGT |
BL O/211/06
27th July 2006
APPLICANT IGT
ISSUE Whether patent applications numbers
GB0411821.2, GB0413162.9,
GB0411822.0, GB0229511.1
comply with section 1
HEARING OFFICER
A C Howard
DECISION
Introduction
1 This relates to whether to allow grant of the following four patent applications:-
• GB0411821.2 entitled “System, apparatus and method employing controller
for play of shared bonus games” filed on 27 November 2002, and claiming
a priority date of 29 November 2001;
• GB0413162.9 entitled “Method and system for weighting odds to specific
gaming entities in a shared bonus event,” filed on 3 December 2002, and
claiming a priority date of 4 December 2001;
• GB0229511.1 entitled “Method and apparatus for gaming machines with a
quasi-competition play-bonus feature filed on 19 December 2002 and
claiming a priority date of 19 December 2001; and
• GB0411822.0 entitled “Method apparatus and system for perpetual bonus
game” filed on 27 November 2002 and claiming a priority date of 30
November 2001.
2 All were filed in the name of IGT save for GB0229511.1. This was originally
filed in the name of Anchor Gaming and was subsequently assigned to IGT on
18 February 2004.
3 The applications are not related in the strict sense of the word, but a common
thread running through them is that all relate to systems for playing gambling
games of the type in which there is a “main game” and a “bonus game”. As
claimed, these are defined in general terms only, but typically the main game
may be an electronic representation of a “fruit machine” style of gambling
machine while the bonus game is a distinct and different type of activity to
which a player may become eligible by earning credits in the course of playing
the main game.
4 The three examiners responsible for processing these four applications have
all made objections under the heading of patentable subject-matter which they
were unable to resolve. In addition an objection of lack of inventive step is also
outstanding on GB0411822.0. In the circumstances it was convenient to hear
the agent’s submissions on all four applications together, and to this end a
hearing took place on 12 July 2006 at which the applicants were represented
by Mr. Barry Quest, Ms. Helen Brooke, and Mr. David Slattery, all of Wilson
Gunn. Mr. Slattery and Mr. Quest each intervened freely, so in what follows I
shall not attempt to attribute comments to them individually.
5 The agents addressed me separately on each application, and the order in
which they are treated in this decision follows the order in which they were
taken at the hearing. However, in the interests of economy of space I have
discussed issues common to all the applications together.
The applications
GB0411821.2
6 The invention relates to a system comprising a plurality of gaming devices.
Each such gaming device could be a gaming machine as may be found in
arcades, or it could be a computer playing connected the internet. To enhance
their enjoyment players participating in a basic game can under certain
circumstances participate in a bonus game. The system tests players’ eligibility
for the bonus game by examining current and past entries stored in the
system. If the player is eligible the entries are allocated to various entry pools
and if the player is not eligible the entries are designated as past entries.
7 At the hearing I was asked to consider claim 1 as notionally amended by the
incorporation of claim 10. Claim 1 (as thus amended) would be the only
independent claim and read as follows:-
1. A system comprising:
A plurality of gaming devices; and
a controller including a microprocessor and memory means for storing
one or more entries and for storing one or more entry pools, the
controller being in communication with the plurality of gaming devices,
the controller programmed to detect a player at one of said plurality of
gaming devices, said player using said one of said plurality of gaming
devices;
the controller programmed to store in the memory means current entries
generated by a player and past entries registered to a player;
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