Ex parte TROVATO - Page 7




          Appeal No. 1998-2892                                       Page 7           
          Application No. 08/576,621                                                  


          central processor means for generating an environment with                  
          avatars therein, and means for communicating portions of the                
          environment to distributed processor means.  We differ from the             
          examiner in that it is our opinion that Lipscomb does not                   
          disclose an “environment” in keeping with the interpretation                
          established in the appellant’s specification for this term.                 
          Inasmuch as Perlin merely discloses the use of avatars in                   
          computer presentations, and does not cure the defect in                     
          Lipscomb, a prima facie case of obviousness is lacking on its               
          face.  Moreover, we fail to perceive any suggestion that would              
          have motivated one of ordinary skill in the art to modify the               
          teachings of Lipscomb in such a manner as to meet the terms of              
          claim 16 other than the luxury of the hindsight afforded one                
          who first viewed the appellant’s disclosure.  It is axiomatic               
          that this is not a proper basis for a rejection under Section               
          103.                                                                        
               For the reasons set forth above, we will not sustain the               
          rejection of claims 2, 8 and 13-21.                                         












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