Ex parte MALZBENDER - Page 4




          Appeal No. 1997-3223                                                        
          Application 08/228,050                                                      


          the references relied upon by the examiner.                                 
               The examiner places principal reliance upon this feature               
          in Tuy at page 4 of the answer.  The examiner asserts that                  
          this medial axis corresponds to curves disclosed at columns 11              
          and 12 of this reference.  The examiner further develops this               
          view at page 6 of the answer asserting that Figure 9 and the                
          teaching at column 11, lines 16-32 and the teaching at lines                
          41-46 of column 11 indicate that there is a splitting of three              
          dimensional data along a medial axis which amounts to a curve               
          through the center of the spine.  We are in agreement with the              
          basic premise of  appellant's position in the briefs that the               
          Tuy reference at these locations does not teach or suggest                  
          such a medial axis.  Figure 9 shows a 3-D image 100 but there               
          is no clear indication there or from the discussion associated              
          with these Figures 9-12 as a whole that any cutting or slicing              
          of the image occurs along any medial axis or a center line                  
          path extending through three spatial dimensions.  The                       
          discussion at columns 11 and 12 of a common vertex which may                
          be present with respect to intersecting curves or planes                    
          associated with that 3-D image is not necessarily along the                 
          claimed medial axis.                                                        
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