Ex parte TROVATO - Page 5




                 Appeal No. 1998-2892                                                                                     Page 5                        
                 Application No. 08/576,621                                                                                                             


                 apparently it is his theory that the Lipscomb system can be                                                                            
                 considered to be a “game” and the information processed by the                                                                         
                 system to constitute an “environment,” and that Lipscomb                                                                               
                 “grows” this environment from a small to a large one (see                                                                              
                 Answer, page 3).  We do not agree.  There is no support in                                                                             
                 Lipscomb for the examiner’s position; from our perspective,                                                                            
                 Lipscomb does not disclose either of the two elements required                                                                         
                 by claims 1 and 3, and therefore clearly does not anticipate                                                                           
                 the subject matter recited therein.                                                                                                    
                          We therefore will not sustain the rejection of independent                                                                    
                 claims 1 and 3 or, it follows, of claims 4-7, 9 and 10-12,                                                                             
                 which are dependent from claims 1 and 3 and have been rejected                                                                         
                 on the same basis.                                                                                                                     
                          The remaining claims stand rejected as being unpatentable                                                                     
                 over Lipscomb in view of Perlin.  The examiner’s position with                                                                         
                 regard to this rejection is that Lipscomb teaches all of the                                                                           
                 subject matter recited except for presenting avatar  data,                                  4                                          
                 which is taught by Perlin, and that one of ordinary skill in                                                                           
                 the art would have found it obvious to combine the teachings of                                                                        

                          4"The PC user’s persona in the virtual world”                                                                                 
                 (appellant’s specification, page 6).                                                                                                   







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