Ex parte CHEN et al. - Page 10




          Appeal No. 1997-2898                                                        
          Application 08/368,239                                                      



               Himelstein does contain a description of selecting a                   
          plane within a three-dimensional drawing, and not just                      
          selecting objects.  In Himelstein, when the user creates a                  
          three-dimensional object, that user creates a front polygon                 
          which is a two-dimensional plane.  See paragraph bridging                   
          columns 3 and 4.  By creating that front polygon, the user has              
          a means for selecting that polygon as a first plane.  The user              
          selectable vanishing point and depth enables the CAD system to              
          in turn generate a three-dimensional drawing using the front                
          polygon.  The generated three-dimensional drawing includes a                
          back polygon, i.e., variable plane.  The depth of the drawing               
          can be changed by dragging a point on the object, and the                   
          drawing is modified to reflect the change.  See column 4,                   
          lines 46-57.  We find that providing the user with the                      
          capability of creating the front polygon meets the Appellants'              
          claimed language "means for selecting a first plane" and                    
          thereby reads on Appellants' limitations recited in claim 1.                
               Appellants argue on page 12 of the brief that neither                  
          Himelstein nor Fuller discloses selecting faces of a three-                 
          dimensional object, much less selecting multiple parent/offset              

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