UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`
`___________________________________
`
`Case: PGR2018-00029
`U.S. Patent No. 9,636,583
`
`
`
`DECLARATION OF DAVID CRANE
`
`1
`
`
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`
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 1 of 32
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`
`
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`SUPERCELL OY,
`Petitioner
`
`v.
`
`GREE, INC.,
`Patent Owner
`
`___________________________________
`
`Case: PGR2018-00029
`U.S. Patent No. 9,636,583
`
`
`
`DECLARATION OF DAVID CRANE
`
`1
`
`
`
`
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 1 of 32
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`
`
`PGR2018-00029
`U.S. Patent No. 9,636,583
`
`I. Qualifications & Background.
`1. My name is David Crane, and I reside in California. I am an independent
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`consultant. I am over eighteen years of age, and I would otherwise be competent
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`to testify as to the matters set forth herein if I am called upon to do so.
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`2.
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`I submit this Declaration at the request of GREE, Inc., for consideration by
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`the Patent Trial and Appeal Board in the post-grant review of U.S. Patent No.
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`9,636,583 (“the ’583 patent”).
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`3.
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`In forming my opinions, I rely on my knowledge and experience in the field
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`and on documents and information referenced in this Declaration. No part of my
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`compensation in this matter is dependent upon the outcome of this proceeding or
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`any issue in this proceeding.
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`4.
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`I built my first computer – an unbeatable Tic-Tac-Toe computer – at the age
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`of 14, and graduated high school with the ability to program IBM mainframe
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`computers in 3 languages.
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`5.
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`I earned a Bachelor of Science in Electronic Engineering Technology from
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`DeVry Institute of Technology in Phoenix, Arizona (“DeVry”) in 1975. While in
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`college, I was the lead hardware designer and project leader on a fully digital Tic-
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`Tac-Toe playing custom hardware project. This design featured 72 discrete
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`integrated circuits and an innovative display using polarized light to separate light
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`output into Xs and Os. In the same timeframe, I designed the first programmable
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 2 of 32
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`electronic drum machine, and a digital clock that never needed setting, designed to
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`receive a time standard over the AC power line.
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`6.
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`I began my professional engineering career at National Semiconductor in
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`1975 developing integrated circuits and working with early analog-to-digital and
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`digital-to-analog converters.
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`7.
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`In 1977, I began my career in the video game industry when I joined Nolan
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`Bushnell’s Atari Inc., (“Atari”), where I designed and developed games that
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`generated approximately $15 million in sales revenues for the company. In 1979, I
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`co-founded Activision, Inc. (“Activision”), the first third-party developer and
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`publisher of video game cartridges.
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`8.
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`Activision grew to over $300 million in value in three years, and is now one
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`of the largest, if not the largest, third party video game publishers in the world,
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`with a market capitalization of over $15 billion. During my tenure at Activision I
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`designed and programmed many hit games with unit sales over 500,000. One such
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`example is the game Pitfall!™ which sold over 3,500,000 copies, and held the #1
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`spot on the Billboard Charts for 64 consecutive weeks. Pitfall!™ generated over
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`$50 million in wholesale revenues and spawned numerous other products including
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`many sequels, toys, and a Saturday morning cartoon.
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`9.
`
`After leaving Activision in 1987, I founded a series of small game
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`publishing companies, performing the same two main functions: First become the
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`2
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 3 of 32
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`
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`company’s hardware expert on a particular game console, then design and program
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`award-winning games. Throughout this process I have developed expertise in over
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`20 video game consoles or systems, including the Atari 2600, Atari 5200, Atari
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`7800, Atari 400, Atari 800, Magnavox Odyssey II, Mattel Intellivision,
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`Colecovision, Apple II, MS-DOS, Commodore C64, Commodore C128, Nintendo
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`NES, Nintendo SNES, Nintendo Game Boy, Nintendo DS, Sega Master System,
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`Sega Genesis, Sega CD, Sony Playstation, Microsoft Xbox, Microsoft Xbox 360,
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`Nokia Series 60 feature phones, LG VX4400, LG VX6000, Apple iPhone, Apple
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`iPod touch, and Apple iPad.
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`10. As game consoles evolved, so did computer programming languages. My
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`expertise includes work in over 20 computer languages: FORTRAN, RPG,
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`COBOL, BASIC; Microprocessor Assembly Languages: 6502, Intel 8080,
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`National Semiconductor PACE 16 bit, National Semiconductor SC/MP 8 bit, GI-
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`1610, Zilog Z80, 65816, Intel 8048, 8086, 80286; Microprocessor Programming
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`Languages: C, C++, Objective C, J2ME, Brew; NEC microcontroller assembly
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`language; Scripting Languages: Lingo, Actionscript, Lua, Javascript, HTML-5;
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`Engineering Languages: SPICE, and VHDL
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`11. A partial list of the published game titles for which I am responsible for the
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`game design and/or programming includes: Canyon Bomber, Outlaw, Slot
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`Machine, Pitfall!, Pitfall II, Lost Caverns, Freeway, Laser Blast, Fishing Derby,
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`
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`3
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 4 of 32
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`Dragster, Grand Prix, A Boy and His Blob, The Rescue of Princess Blobette,
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`Ghostbusters, Skateboardin’, Super Skateboardin’, The Activision Decathlon,
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`T*O*Y*S, Transformers, the computer game, David Crane’s Amazing Tennis,
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`Bart Simpson’s Escape from Camp Deadly, CHOMP, Arcade Bowling, Ten Pin
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`Championship Bowling, Stellar Blast, Arcade Hoops, 3 Point Hoops, QB Pass
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`Attack, Field Goal Frenzy, Lotto Letters, Super Swish, Stellar Blast, Mariner
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`Hybrid Infomercial, Lacrosse, Beach Volleyball, Spiderman Climbing game,
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`Miller Seat Salsa, Super Cocoa Man, Break the Rules Hoops, Downfield Strike,
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`Mini Motocross, Robopup Run, Toyota 4runner Challenge, Tyco RC Speed
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`Wrench, Vertical Jam, E.T.’s Adventure, Bubble Yum Home Run Derby, Bubble
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`Yum Bullpen Blast, Gummi Savers Egg Hunt, Foul Shot Shootout, Life Savers
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`Water Park Pinball, Field Goal Challenge, Crème Savers Bowling, Golf Solitaire,
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`Skyworks Lanes Bowling, Carefree on Ice, Gummi Savers Rock-N-Skate, YIPES!
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`Photo Safari, Ice Breakers Slap Shot Shootout, Southpark Pinball, Breath Savers
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`Road Rally, Ford NASCAR racing challenge, MTv Cranks Dirt Bike Game, Ice
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`Breakers Ultimate Bobsled, Breath Savers Billiards, Snackwells Chocolate Factory
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`Pinball, Snowboard Big Air, Skate Rage Inline Skating, Candystand Miniature
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`Golf, Lifesavers Word Challenge, Candystand Open Tennis, Mountain Climbing, 3
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`Point Shootout, Grand Slam Pinball, Nabisco World Team Racing, Soccer
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`4
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 5 of 32
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`Shootout, LifeSavers Treasure Hunt, Oreo Adventure, LifeSavers Roll-A-ball, Air
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`Crisps Slam Dunk, Fruit Chews BMX, and Postopia Bowling.
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`12.
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`I have received many awards for my work and career. Most recently, I
`
`received one of the Academy of Interactive Arts and Sciences lifetime honors: The
`
`Pioneer Award, celebrating my foundational and continuing work in the creation
`
`and development of the video game business. This singular honor, presented to me
`
`in 2010, was the inaugural award in a new category. I was the first to receive this
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`award out of everyone who had ever worked in the video game industry throughout
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`its entire history. Additional awards include Game Designer of the Year (twice),
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`the prestigious 2003 Game Developer Choice Award for contribution to the field,
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`and the Lifetime Achievement Award in Video Games from Classic Gaming Expo.
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`In addition to these personal honors, many of the individual games that I have
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`developed have also received numerous awards.
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`13.
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`I am a regular speaker and/or panelist at video game industry trade events
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`such as the D.I.C.E. Summit (Design, Innovate, Communicate & Entertain), and
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`GDC (Game Developers Conference). I have spoken at gatherings of game
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`business executives (such as at the Pepperdine University Graziadio School of
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`Business and Management), and I am featured annually at the Classic Gaming
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`Expo. I have been profiled in national press publications including Forbes
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`
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`5
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 6 of 32
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`Magazine and Newsweek, and I have been interviewed by such diverse
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`publications as television’s 20/20 News Magazine and the G4 Television Network.
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`14. My complete academic background and professional experience are set forth
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`in my Curriculum Vitae, a copy of which is attached hereto as Appendix A.
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`15.
`
`I relied on the foregoing training, knowledge, and experience in the relevant
`
`art in formulating the opinions expressed herein.
`
`II. Materials Considered.
`16.
`I have reviewed and considered the following documents in forming the
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`opinions set forth in my declaration:
`
`a. The ’583 patent (filed as Exhibit 1001 by Supercell OY).
`
`b. Supercell OY’s Petition for Post-Grant Review of the ’583 patent.
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`c. Exhibit 1002 – the prosecution history of the ’583 patent.
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`d. Exhibit 1003 – the USPTO Memorandum dated May 19, 2016.
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`e. Exhibit 1004 – the USPTO Memorandum dated November 2, 2016.
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`f. Exhibit 1005 – the prosecution history of U.S. Patent No. 9,457,273.
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`g. Exhibit 1006 – the prosecution history of U.S. Patent Application No.
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`15/686,268.
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`
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`6
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 7 of 32
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`
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`h. Exhibit 2003 – JP2007252696 and Machine Translation of
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`Description.
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`III. Legal Standards Applied.
`17.
`I have been informed and understand that a claim in an unexpired patent
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`shall be given its broadest reasonable construction in light of the patent’s
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`specification. I have been informed and understand that claim terms are generally
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`given their ordinary and customary meaning as would be understood by a person of
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`ordinary skill in the art in the context of the entire disclosure.
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`18.
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`I have been informed and understand that an invention is patent-eligible if it
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`claims a new and useful process, machine, manufacture, or composition of matter,
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`but laws of nature, natural phenomena, and abstract ideas are not patentable. I
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`have been informed and understand that the inquiry determine whether or not an
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`invention is patent-eligible has two steps: (1) determine whether the claim is
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`directed to a patent-ineligible abstract idea, and (2) if so, whether the elements of
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`the claim both individually and as an ordered combination transform the nature of
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`the claim in a patent-eligible application of the abstract idea. I have been informed
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`and understand that claims reciting well-understood, routine, conventional activity
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`in the field are insufficient to render the claims patent-eligible, and the question of
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`whether a claim element or combination of elements is well-understood, routine
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`and conventional to a skilled artisan in the relevant field is a question of fact.
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`
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`7
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 8 of 32
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`19.
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`I have been informed and understand that claims have sufficient written
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`description when the disclosure of the application relied upon reasonably conveys
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`to those skilled in the art that the inventor had possession of the claimed subject
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`matter as of the filing date. I have been informed and understand that this test
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`requires an objective inquiry into the four corners of the specification from the
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`perspective of a person of ordinary skill in the art, and based on that inquiry the
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`specification must describe an invention understandable to that skilled artisan and
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`show that the inventor actually invented the invention claimed.
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`20.
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`I have been informed and understand that a claim must particularly point out
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`and distinctly claim the subject matter. I have been informed and understand that a
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`claim is indefinite when it contains words or phrases whose meaning is unclear. I
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`have been informed and understand that the definiteness requirement is not a
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`demand for unreasonable precision, and the amount of clarity that is required
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`necessarily invokes some standard of reasonable precision in the use of language in
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`the context of the circumstances. I have been informed and understand that
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`whether claims are sufficiently definite is based on the perspective of one of
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`ordinary skill in the art in view of the entire written description and developing
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`prosecution history.
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`
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`8
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 9 of 32
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`
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`IV. Level of Ordinary Skill in the Art.
`21. A person of ordinary skill in the art (“POSA”) would possess at least an
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`associate degree in the field of computer science (or a related discipline, such as
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`computer engineering, to the extent the course of study involved the design and
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`programming of graphical user interfaces) and at least two years of practical (e.g.,
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`work) experience in the field of video-game programming and interface design. If
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`the POSA did not obtain a formal degree, then they would have at least four years
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`of practical (e.g., work) experience in the field of video-game programming and
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`interface design. In addition, a POSA would have training or experience in game
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`theory and the development of game rules or mechanics.
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`V. Opinions Regarding the ’583 Patent.
`A. The Invention Described in the ’583 Patent is Inventive
`1. Inventive game play:
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`22. The invention described in the ‘583 Patent represents an innovative
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`technological improvement over prior art card games. Specific technological
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`improvements include:
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`23. The effect of individual panels on the outcome of a battle includes capability
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`properties that can change during game play:
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`“The panel information may include information regarding the
`capability of each panel, and the strength of the capability may
`correspond to the size of each panel.” Ex. 1001 at 2:35.
`
`
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`9
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 10 of 32
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`“... it is preferable that the panel information described above include
`information on the capability of the panel [such as] information
`including attack, defense (avoidance), attributes, recovery, and skills
`...” Ex. 1001 at 7:19.
`
`“A panel can be acquired as a reward for the battle with the enemy
`characters and the boss character. In addition, it is also possible to
`acquire the panel in a specific event or the like. Thus, the user
`acquires the panel by advancing the game.” Ex. 1001 at 8:34.
`
`“This gauge shows hit points (hereinafter, described as HP) indicating
`the strength of the character or character points (hereinafter, described
`as CP) indicating the action force of the character. The HP is
`decreased by receiving the action of the attack of the opponent, and is
`increased by taking action for recovery. On the other hand, the CP is
`decreased by placing a large panel.” Ex. 1001 at 8:15.
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`24. The size of a panel changes with the capability properties of the panel:
`
` “The panel information may include information regarding the size of
`each panel.” Ex. 1001 at 2:33.
`
`
`“The panel information may include information regarding the
`capability of each panel, and the strength of the capability may
`correspond to the size of each panel.” Ex. 1001 at 2:35.
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`25. Panels are disposed into a battle display region of a display screen. For
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`instance, the patent describes an example in which the panels are disposed in
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`patterns according to their size and shape (as shown in FIG. 4):
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`10
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 11 of 32
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`“In the battle display region 310 divided into cells of “4 columnsx4
`rows,” each of panels disposed in the frames H and N has a size
`corresponding to four cells. Similarly, each of panels disposed in the
`frames J and O has a size corresponding to two cells, and each of
`panels disposed in the frames I, K, L, and M has a size corresponding
`to one cell.” Ex. 1001 at 6:55.
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`26.
`
`In this particular example, the overall pattern created by the disposition of
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`panels of different size and shape influence the turn-based game play in an
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`innovative fashion:
`
`“Specifically, assuming that each row indicates a turn of a battle, the
`occupancy of action in each turn in horizontally long frames such as
`the frames H, N, and O, is high compared to that in horizontally short
`frames such as the frames I, J, K, L, and M. Accordingly, for example,
`in the first turn, only the action of the first player is performed.” Ex.
`1001 at 6:62.
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`
`
`11
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 12 of 32
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`“That is, a panel the size of which is larger and presents at a position
`where a turn number is earlier leads a battle advantageously.” Ex.
`1001 at 7:5.
`
`“In addition, when three or more specific panels are disposed within
`one game display screen, it is also possible to generate a combo
`exhibiting the effect beyond the effects of these cards.” Ex. 1001 at
`9:2.
`
`27. The ‘583 Patent does not simply describe a computerized version of prior art
`
`card-based battle games. The invention does not simply use a computer as a tool
`
`to automate conventional activity. The invention represents an innovative
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`technological improvement over prior art card games whereby at least the patterns
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`in which panels are disposed within the battle display region enhances game play
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`in ways not found in any prior art games of which I am aware.
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`28. To the extent that any individual elements described in the invention exist in
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`prior art, those elements are combined in this invention in such a way as to provide
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`a specific implementation of a solution to a perceived problem.
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`2. Visual improvements:
`
`29.
`
`In addition to innovative technological improvement over the game play of
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`prior art card games, the ‘583 Patent employs computer techniques to improve the
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`user experience:
`
`“In addition, it is preferable that the frame have a frame portion […]
`constructed in different colors. In this case, the panel of the first
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`
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`12
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 13 of 32
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`character and the panel of the second character can be visually easily
`distinguished.” Ex. 1001 at 7:58.
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`“...the battle between the first and second characters proceeds in a
`format like a cartoon. Therefore, since the user can play the game with
`a sense of reading a cartoon, the visual effect that the user receives is
`greatly improved compared to known games.” Ex. 1001 at 6:42.
`
`“Preferably, these panels display a movie when the panels are
`emphasized and displayed. The movie is an animation that displays a
`plurality of still images consecutively.” Ex. 1001 at 7:35.
`
`“As shown in FIG. 6, it is preferable that the frame described above
`further have a text display portion 10 to display texts. Preferably, the
`text display portion 10 is displayed to overlap the panel disposed in
`the frame.” Ex. 1001 at 7:39.
`
`“In addition to the panel described above, the frame preferably has a
`sound effect…” Ex. 1001 at 7:44.
`
`3. Differentiation from well-understood, routine, conventional activity:
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`30. Claim 1(a) “Data storage function” is referred to as including a “panel
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`database”. This differentiates it from a generic database in that it includes “panels”
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`which are thoroughly described in the specification.
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`
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`13
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 14 of 32
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`B. The Claims of the ‘583 Patent Are Not Indefinite:
`1. The claim terms are not indefinite.
`
`31. Terms used in the Claims of the ‘583 Patent are sufficiently described in the
`
`specification. Some of those terms, and representative descriptions from the
`
`specification are included here.
`
`a. “panel”:
`
`32. The ‘583 “panel” is a logical construct stored in a panel database and a
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`concrete graphical user interface element. The panel may include various
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`properties. Examples of such properties include panel size and capability attributes,
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`such as attack, defense (avoidance), recovery, and skills.
`
`“The panel information may include information regarding the size of
`each panel.” Ex. 1001 at 2:33.
`
`“The panel information may include information regarding the
`capability of each panel, and the strength of the capability may
`correspond to the size of each panel.” Ex. 1001 at 2:35.
`
`“the panel information is assumed to include information regarding
`the size of the panel.” Ex. 1001 at 6:50.
`
`“... it is preferable that the panel information described above include
`information on the capability of the panel [such as] information
`including attack, defense (avoidance), attributes, recovery, and skills
`...” Ex. 1001 at 7:19.
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`
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`14
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 15 of 32
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`b. “divisions of a game display screen”:
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`33. The invention described in the ‘583 Patent specifies a display screen
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`containing a battle display region which is divided into a plurality of divisions
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`referred to synonymously as divisions or frames.
`
`“As shown in FIG. 3, the game display screen 300 is a game display
`screen of a game in which the first and second characters battle
`against each other.” Ex. 1001 at 6:16.
`
`“… the game display screen [includes] a battle display region formed
`by one or more frames …” Ex. 1001 at 4:32.
`
`“In the battle display region 310 divided into cells of “4 columnsx4
`rows” each of panels disposed in the frames H and N has a size
`corresponding to four cells.” Ex. 1001 at 6:55.
`
`“an emphasized display function of emphasizing and displaying the
`panels disposed in the frames executed by the frame execution
`function” Ex. 1001 at 2:28-32.
`
`“an emphasized display function of emphasizing and displaying the
`panels disposed in the divisions executed by the division execution
`function” Ex. 1001 at 9:50-52.
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`34. The specification makes clear that the battle display region of the game
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`display screen is divided into “frames” and thus a “frame” is a “division of a game
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`screen.”
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`
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`15
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 16 of 32
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`
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`c. “frame portion”:
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`35. The specification describes a portion of a frame that might be constructed in
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`different colors in order to easily distinguish frames containing panels from each
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`character:
`
`36.
`
`“In addition, it is preferable that the frame have a frame portion. In this
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`frame portion, it is preferable that a frame portion of a frame in which the panel
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`selected from the first panel group is disposed, and a frame portion of a frame in
`
`which the panel selected from the second panel group is disposed, be constructed
`
`in different colors. In this case, the panel of the first character and the panel of the
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`second character can be visually easily distinguished.” Ex. 1001 at 7:58.
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`37.
`
`In my opinion, a POSA would understand that the “frame portion” could be,
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`for example, a colored portion of the frame that remains visible after a character’s
`
`panel is disposed into a frame.
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`d. “points set”
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`38. The ‘583 specification describes two types of points: HP (hit points) and CP
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`(character points).
`
`“This gauge shows hit points (hereinafter, described as HP) indicating
`the strength of the character or character points (hereinafter, described
`as CP) indicating the action force of the character.” Ex. 1001 at 8:14.
`
`
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`16
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 17 of 32
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`
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`39. Based upon the plain English meaning of the term, in this context a “set” is a
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`group or collection of numbers. The POSA would understand a “points set” to
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`include a group of numeric values that includes at least the HP and CP of a
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`character.
`
`2. Points relationship to inventive game play
`
`40. The ‘583 specification describes two types of points: HP (hit points) and CP
`
`(character points).
`
`“This gauge shows hit points (hereinafter, described as HP) indicating
`the strength of the character or character points (hereinafter, described
`as CP) indicating the action force of the character.” Ex. 1001 at 8:14.
`
`“… the CP is decreased by placing a large panel.” Ex. 1001 at 8:20.
`
`41. The specification describes an interaction between panel size and character
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`points.
`
`42.
`
`In the inventive game play described above, disposing a larger panel that
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`spans multiple divisions and/or multiple turns gives the disposing character an
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`advantage in the battle. That battle advantage comes at a cost in CP. The ‘583
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`patent does not claim protection for how the points set for the user are obtained or
`
`in what quantities for which activities, but the specification clearly specifies a
`
`relationship between panel placement and character points such that CP is
`
`decreased by the placement of a large panel. This relationship further improves the
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`inventive game play.
`
`
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`17
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`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 18 of 32
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`
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`3. Disposing a panel in a “target division” (and “allowed to be
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`disposed”)
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`43. The specification is clear that panels are disposed into divisions of a display
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`screen. A POSA would understand that the destination of a layout function might
`
`be referred to as a “target”, thus a division that is the target of a disposition
`
`operation would be understood to be a “target division”.
`
`44. The specification is also clear that in the preferred embodiment of the
`
`invention the divisions of the display screen represent a grid where each grid
`
`position contains a panel from one character. (The grid nature of the divisions is
`
`further supported by the identification of rows to represent turns in the game.)
`
`Each character disposes panels into the grid. A POSA would understand that one
`
`character would not be allowed to dispose a panel into a division that is occupied
`
`by panel belonging to another character, thus understanding what the ‘583 means
`
`by a division in which a panel is “allowed to be disposed”.
`
`4. Written Description analysis
`
`Claim 1: (preamble) A non-transitory computer readable recording medium
`storing game program code instructions for a game in which a first
`user and a second user do battle, and when the game program code
`instructions are executed by a computer, the game program code
`instructions cause the computer to perform:
`
`
`
`18
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 19 of 32
`
`
`
`45. Claim 1’s preamble is directed toward a game in which at least two users
`
`“do battle.” Terms “computer readable recording medium”, “program code”, and
`
`“computer” would be understood by the POSA.
`
`1(a)
`
`a data storage function of storing a first panel database that includes
`a plurality of panels that the first user possesses, and a second panel
`database that includes a plurality of panels that the second user
`possesses;
`
`46.
`
`“Data storage function” is referred to as including a “panel database”. This
`
`differentiates it from a generic database in that it includes panel information. Panel
`
`information is sufficiently described in the specification:
`
`“The panel information may include information regarding the size of
`each panel.” Ex. 1001 at 2:33.
`
`“The panel information may include information regarding the
`capability of each panel, and the strength of the capability may
`correspond to the size of each panel.” Ex. 1001 at 2:35.
`
`“the panel information is assumed to include information regarding
`the size of the panel.” Ex. 1001 at 6:50.
`
` “... it is preferable that the panel information described above
`include information on the capability of the panel [such as]
`information including attack, defense (avoidance), attributes,
`recovery, and skills ...” Ex. 1001 at 7:19.
`
`1(b)
`
`a panel selection function of selecting one or more panels to be
`disposed in one or more divisions of a game display screen including a
`
`
`
`19
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 20 of 32
`
`
`
`display region formed by the divisions, from the first panel database
`and the second panel database; [and]
`
`1(c)
`
`a panel layout function of disposing the panels selected by the panel
`selection function in the divisions; and
`
`47. Panel selection and panel layout are intertwined such that a panel is first
`
`selected and then disposed. The control unit performs the “panel selection
`
`function.” Panel selection would be understood by a POSA to be a necessary step
`
`in order to dispose (place) specific panels.
`
`48. The panel layout function disposes (places) selected panels into display
`
`frames such that:
`
`“… panels to be disposed in frames of a game display screen
`including a display region formed by one or more frames” Ex. 1001 at
`2:9.
`
`“... places the panels [...] in the frames;” Ex. 1001 at 3:27.
`
`“Using the panel layout function, the panels selected by the panel
`selection function are disposed in the frames...” Ex. 1001 at 4:39
`
`Said frames include “a battle display region formed by one or more
`frames.” Ex. 1001 at 4:32.
`
`49. Figures 3 and 4 visually represent the operation of the panel layout function.
`
`1(d)
`
`a screen display control function of displaying the game display
`screen on a screen display unit, wherein
`
`
`
`20
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 21 of 32
`
`
`
`50. The screen display function controls what is displayed on the game display
`
`screen. The game display screen is displayed on a screen display unit.
`
`51. The SCREEN DISPLAY CONTROL FUNCTION is shown in FIG. 2, and
`
`described:
`
`“The control unit 220 includes: a screen display control section 221
`that displays a game display screen that includes a battle display
`region formed by one or more frames on the screen display unit” Ex.
`1001 at 5:46.
`
`52. The screen display unit is described at length in the specification, and
`
`embodiments are shown in FIG. 3 and FIG. 4. Descriptions of the screen display
`
`unit include:
`
`“As shown in FIG. 3, the game display screen 300 is a game display
`screen of a game in which the first and second characters battle
`against each other.” Ex. 1001 at 6:16.
`
`“The game display Screen 300 includes a battle display region 310
`formed by one or more frames (in FIG. 3, frames A to G).” Ex. 1001
`at 6:18.
`
`“In addition, each panel described above can have an arbitrary size.”
`Ex. 1001 at 6: 52.
`
`“In addition, as shown in FIGS. 3 and 4, the game display screen 300
`can include a gauge display portion 320 to display the gauge of the
`character. This gauge shows hit points (hereinafter, described as HP)
`indicating the strength of the character or character points (hereinafter,
`
`
`
`21
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 22 of 32
`
`
`
`described as CP) indicating the action force of the character.” Ex.
`1001 at 8:12.
`
`1(e)
`
`the data storage function further stores points set for the first user,
`which are decreased by disposing a panel,
`
`53. The “data storage function”, more fully described in Element 1(a) as “a data
`
`storage function of storing a first panel database”, stores points. Points are
`
`sufficiently described in the specification:
`
`“This gauge shows hit points (hereinafter, described as HP) indicating
`the strength of the character or character points (hereinafter, described
`as CP) indicating the action force of the character. The HP is
`decreased by receiving the action of the attack of the opponent, and is
`increased by taking action for recovery. On the other hand, the CP is
`decreased by placing a large panel.” Ex. 1001 at 8:15.
`
`54. Points as described represent a persistent character state, and would
`
`necessarily be stored.
`
`1(f)
`
`the panel selection function selects a panel from the first panel
`database according to the points set for the first user,
`
`55. Panels in the panel database can contain HP (hit points) or CP (character
`
`points) that refer to the strength or “action force” of a user's character:
`
`“This gauge shows hit points (hereinafter, described as HP) indicating
`the strength of the character or character points (hereinafter, described
`as CP) indicating the action force of the character.” Ex. 1001 at 8:14.
`
`
`
`22
`
`Patent Owner Gree, Inc.
`Exhibit 2002 - Page 23 of 32
`
`
`
`
`56. Panels can be selected and applied to the points of the user's character:
`
`“For example, a panel with information of the strength is used to
`strengthen the body of the character, a panel with information of the
`attack is used to strengthen the arms of the character, a panel with
`information of the defense is used to strengthen the legs of the
`character, and a panel with information of special technique effects
`during the battle is used to reinforce the skills of the character.” Ex.
`1001 at 8:44.
`
`1(g)
`
`the divisions include a division where a panel selected from the first
`panel database is allowed to be disposed and a division where a panel
`selected from the second panel database is allowed to be disposed,
`and
`
`57. FIG. 3 and FIG. 4 visually represent divisions where panels selected from
`
`both databases are allowed to be disposed. The specification sufficiently describes
`
`how panels from the first panel d
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