Ex Parte Jacobus - Page 7



            Appeal No. 2006-2763                                                                            
            Application 09/785,385                                                                          
            culling rules based on proximity in the virtual space (Specification 7:19-20), we               
            find the Examiner’s position to be reasonable and sufficient to support a prima                 
            facie case of obviousness.  Therefore, the 35 U.S.C. § 103 rejection of claims 7-9,             
            11 and 14-23 over DeSimone and Waters is sustained.                                             
                   Finally, turning to the rejection of claims 2, 10, 12 and 13, we agree with the          
            Examiner (Answer 15-16) and find that the claims do not recite any features                     
            related to using fixed zones.  Therefore, based on the weight of arguments                      
            presented by Appellant (Br. 5) and the Examiner’s response, we sustain the 35                   
            U.S.C. § 103 rejection of claims 2, 10, 12 and 13 over DeSimone, Waters and                     
            Lambright.                                                                                      















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