Ex parte OOKA et al. - Page 8




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


               method of finding the shortest distance from input points to a reference patch, or of generating a second           

               patch, as required by representative claim 6.  Accordingly, we cannot sustain the rejection under 35                

               U.S.C. § 103 of Group II (claims 6 and 7) on appeal.                                                                

                       Lastly, we turn to appellants’ argument with respect to Group III (Brief, pages 11 to 12), that             

               Foley fails to teach or suggest finding the shortest distances from input points to a second patch                  

               designated as a transformation target or transforming the first patch to have a surface geometry of the             

               transformation target.  We cannot agree with the examiner (Answer, page 11) that pages 508 to 510 of                

               Foley teaches finding the shortest distances from input points to a second patch designated as a                    

               transformation target.  At best, pages 508 to 510 of Foley generally show minimizing distances between              

               points.  We also cannot agree with the examiner (Answer, page 12) that sole Figure 16.26 at page 743                

               of Foley teaches transforming the first patch to have a surface geometry of the transformation target as            

               required by representative claim 8.  Accordingly, we cannot sustain the rejection under 35 U.S.C. §                 

               103 of Group III (claim 8) on appeal.                                                                               

                       In view of the foregoing, the decision of the examiner rejecting claims 5 to 9 under                        

               35 U.S.C. § 103 is reversed.                                                                                        

                                                          REVERSED                                                                 






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