Ex Parte Nolte et al - Page 13



               Appeal 2007-0563                                                                             
               Application 10/001,940                                                                       
           1          Applicants’ arguments that (1) Iwamura’s z buffering method is                        
           2   incompatible with Montgomery’s item buffering, and (2) that it would make                    
           3   no sense to replace Iwamura’s superior z buffering method with                               
           4   Montgomery’s item buffering method are not persuasive.  The fundamental                      
           5   problem with Applicants’ arguments is that Applicants have failed to                         
           6   sufficiently demonstrate that Iwamura only contemplates graphic rendering                    
           7   using z buffering, or forecloses using any other type of buffering.  A text                  
           8   search of “Z buffer” or “Z buffering” revealed only one reference in                         
           9   Iwamura to z buffering.  That same passage is the one that the Applicants                    
          10   rely upon in support of their argument that Iwamura only contemplates Z                      
          11   buffering.  That passage does not facially limit the Iwamura system in any                   
          12   way.  Iwamura states that the ground object data can be obtained by a z                      
          13   buffer method in computer graphics, but that it can also be detected by the                  
          14   map data (FF 18).  Applicants’ argument that that passage supports its                       
          15   assertion that Iwamura only contemplates using z buffering is not                            
          16   persuasive.  Such an argument is conclusory and inconsistent with the plain                  
          17   meaning of the passage.  Based on the record and contrary to Applicants’                     
          18   arguments, the passage does not indicate that the only method contemplated                   
          19   by Iwamura for rendering graphical objects is through z buffering.                           
          20   Applicants’ argument that Montgomery’s item buffering is not compatible                      
          21   with Iwamura’s z buffering is based on Applicants’ unsupported assumption                    
          22   that Iwamura only contemplates z buffering.  Accordingly, Applicants’                        


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