Ex parte MASUDA et al. - Page 10




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


          obtaining three-dimensional definite lines from the three                   
          orthographic views, holding the divided cells as non-manifold               
          data, using the three orthographic views to evaluate whether                
          there is a conflict in the boundary relations between cells,                
          and combining cells with no conflict.  Since neither Masuda                 
          nor Foley discusses how they obtain the three-dimensional data              
          for the object, there is no suggestion in either reference                  
          that three orthographic views be used in the evaluation of                  
          conflicts in the boundary relation between cells.  In other                 
          words, Masuda and Foley apparently resolve conflicts from the               
          wire frame model and not by using three orthographic views as               
          claimed.  Therefore, we find no suggestion in Masuda and Foley              
          of the invention recited in independent claims 1 and 2.                     
          Therefore, we do not sustain the rejection of claims 1-5 as                 
          proposed by the examiner.                                                   
          In summary, we have sustained the rejection under                           
          35 U.S.C. § 103 with respect to claims 6-8, but we have not                 
          sustained that rejection with respect to claims 1-5.                        
          Therefore, the decision of the examiner rejecting claims 1-8                
          is affirmed-in-part.                                                        


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