Ex parte OOKA et al. - Page 5




               Appeal No. 1996-2027                                                                                                
               Application 07/965,079                                                                                              


                       transmitting data representing said free-form surface to a tool path forming unit;                          

                       generating at said tool path forming unit processing data on the basis of said data representing            
               said free-form surface; and                                                                                         

                       molding an object on the basis of said processing data, said object being a physical                        
               embodiment of said free-form surface.                                                                               

                       The following references are relied on by the examiner:                                                     

               Riley et al. (Riley)                          5,121,334                      Jun.  9, 1992                          

               Foley et al. (Foley), Computer Graphics, Principles and Practice, pages 216-53, 471-529,                            
               740-45, and 1094-1103 (1990).                                                                                       

                       The 35 U.S.C. § 112, second paragraph, rejection of claims 5 to 9 (see final rejection, page 2,             

               paragraph 4) has apparently been withdrawn.3                                                                        

                       Claims 5 to 9 stand rejected under 35 U.S.C. § 103.  As evidence of obviousness, the                        

               examiner relies upon Foley and Riley.                                                                               

                       Rather than repeat the positions of appellants and the examiner, reference is made to the Brief             

               and the Answer for the respective details thereof.                                                                  



                                                            OPINION                                                                

                       At the outset, we note that appellants (Brief, page 8) and the examiner (Answer, page 2) are in             


                       3 The Advisory Action dated April 24, 1995, at paragraphs 3 and 4 therein, indicates that the April 10, 1995,
               response to the final rejection amending claims 5 to 9 will be entered and overcomes the § 112, second paragraph,   
               rejection.                                                                                                          
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