Ex Parte NEAL et al - Page 4




                Appeal No. 2002-1375                                                                                                     
                Application No. 09/353,948                                                                                               


                corresponding to said one or more participants in response to said changes in position                                   
                as required by the language of independent claim 1.  (See brief at page 8 et seq. and                                    
                reply at page 2 et seq.)  The examiner maintains that columns 6-7 of Nitta teach the                                     
                use of reflective dots which would provide position information.  While these reflective                                 
                dots may provide position information, the examiner has not identified how this position                                 
                information would necessarily be used, as required by       35 USC § 102, in animating                                   
                one or more linear frame representations corresponding to said one or more                                               
                participants in response to said changes in position as required by the language of                                      
                independent claim 1.1  Therefore, we find that the examiner has not established a                                        
                prima facie case of anticipation, and we cannot sustain the rejection of independent                                     
                claim 1 and its dependent claims 2-10.  Independent claims 11 and 21 contain similar                                     
                limitations which the examiner has not shown are taught by Nitta.  Therefore, we find                                    
                that the examiner has not established a prima facie case of anticipation, and we                                         
                cannot sustain the rejection of independent claims 11 and 21 and their dependent                                         
                claims 12-20 and 22-30.                                                                                                  







                        1  With this said, we make no findings with respect to the obviousness of the use of linear frame                
                representations or other reduced data formats in image transmission in view of the teachings of Nitta.                   
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