Ex parte MASUDA et al. - Page 8




          Appeal No. 96-2022                                                          
          Application No. 08/132,943                                                  


          suggest the obviousness of this claimed feature.                            
          Specifically, the solid models shown in Masuda and                          
          Foley could be generated from data provided in a number of                  
          ways.  Since appellants’ specification admits that solid                    
          models were known to be generated using three orthographic                  
          views, it would have been obvious to the artisan to obtain the              
          solid model data shown in Masuda or Foley by entering three                 
          orthographic views into Masuda’s system or Foley’s system as                
          known from the admitted prior art.  Therefore, appellants’                  
          argument that neither Masuda nor Foley specifically discloses               
          the use of three orthographic views is not persuasive of the                
          nonobviousness of this feature as recited in claim 6.                       
          Appellants next point to independent claim 1 and argue                      
          that neither Masuda nor Foley teaches the generation of non-                
          conflicting cell combinations for the solid model.  While a                 
          conflict in the boundary relations between cells is clearly                 
          recited in independent claims 1 and 2, we find no similar                   
          recitation in representative claim 6.  Thus, even though                    
          appellants’ argument would be relevant to the nonobviousness                
          of the invention recited in claims 1 and 2, it is not                       
          commensurate in scope with the invention as recited in claim                
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