Ex parte TAYLOR et al. - Page 9




          Appeal No. 95-4722                                                          
          Application 07/946,226                                                      


          The examiner’s rejection fails to consider the claimed                      
          invention as a whole and fails to ascertain whether the                     
          artisan would have been motivated to use interpolation in the               
          Wah Lo device.                                                              
          Since we are of the view that the artisan would have                        
          no motivation to use Travis’ broad interpolation suggestion in              
          the Wah Lo depth image producing device, we conclude that the               
          invention recited in each of the claims on appeal would not                 
          have been obvious within the meaning of 35 U.S.C.  103 in                  
          view of the teachings of Wah Lo and Travis.  Therefore, we do               
          not sustain the rejection of any of claims 1-17 and 21-24.                  
          We now consider the rejection of claims 18-20 as                            
          unpatentable over the teachings of Hiraoka in view of Travis.               
          For each of these claims, the examiner’s rejection takes the                
          position that Hiraoka implicitly teaches specific recitations               
          of the claims.  That is, with respect to claim 18, the                      
          examiner asserts that “Hiraoka implicitly teaches identifying               
          a volume with the greatest number of image edges and shifting               
          the perspective of the views to rotate around the volume”                   
          [answer, page 17].  With respect to claims 19 and 20, the                   
          examiner asserts that “Hiraoka implicitly teaches shifting the              
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