Ex Parte Grandine et al - Page 7


             Appeal No. 2006-2963                                                                                     
             Application No. 10/309,969                                                                               

             combination of multiple points [answer, pages 7 and 11].  The Examiner cites de Boor                     
             as teaching defining various points based on a convex combination of multiple points                     
             and concludes that it would have been obvious to one of ordinary skill in the art at the                 
             time of the invention to utilize such a technique in Peters’ method to guarantee the                     
             solvability of the coefficients for the quartic interpolant and concavity of the Bezier                  
             polygon used to generate the quartic interpolant [Answer, pages 7, 8, and 11-13].                        
                    Regarding claims 3 and 4, the Examiner adds that Peters discloses all of the                      
             claimed limitations except for defining a control point as a point at the intersection of (1)            
             a line through point P parallel to direction t, and (2) a line through P+ and parallel to                
             direction t+ [Answer, pages 8 and 9].                                                                    
             The Examiner cites de Boor as teaching defining the control point as the intersection of                 
             tangents through P and P+, and concludes that it would have been obvious to one of                       
             ordinary skill in the art at the time of the invention to utilize such a technique in                    
             Peters’ method to, among other things, guarantee the solvability of coefficients                         
             associated with the quartic interpolant [Answer, pages 8-10].                                            
                      Appellants argue that combining de Boor with Peters as proposed by the                          
             Examiner is improper because Peters teaches away from the technique disclosed in de                      
             Boor [Brief, page 7; Reply Brief, pages 6 and 7].  Appellants note that Peters explains                  
             that the motivation for the disclosed technique is derived from an analysis of a                         
             technique disclosed by Höllig.  Höllig’s technique, however, is a modification of the de                 
             Boor technique.  Based on this sequence of improvements, Appellants conclude that                        
             Peters’ technique is not complementary to Höllig’s technique, but rather an alternative to               

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