Appeal No. 1997-2898
Application 08/368,239
determining a distance between planes is by calculating a
distance between planes. Other ways of determining a distance
include retrieving a distance value from memory, which is what
is taught in Himelstein. We find that retrieving a stored
depth value meets the claimed limitation of "determination
means for determining a distance" and thereby reads on
Appellants' limitations in claim 17.
Appellants argue on page 11 of the brief that Fuller does
not disclose selecting planes on the three-dimensional objects
and changing the distance between such planes. Specifically,
Appellants argue that neither Himelstein nor Fuller teaches
the claimed limitation of selecting a parent plane from a
first object, a variable plane from a second object, and
changing the distance between the planes, modifying the
display to reflect the changed distance. Appellants further
argue that neither Himelstein nor Fuller provides any motive
for modifying Himelstein to arrive at the claimed invention of
joining two three-dimensional objects by selecting planes on
the objects and modifying the distance between the selected
planes.
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