Ex parte SCOTT et al. - Page 11




                     Appeal No. 1997-3225                                                                                                                                              
                     Application No. 08/351,218                                                                                                                                        



                                We next turn to the rejection of claims 83 and 84  under                                                 1                                             
                     35 U.S.C. § 103 as being unpatentable over Lee and Lavagetto.                                                                                                     
                                On page 12 of the brief, Appellants argue that “[c]laim                                                                                                
                     83 recites that the aspects are tiepoints” and “ [n]othing in                                                                                                     
                     the references teaches or suggests tiepoints.”  Appellants                                                                                                        
                     assert on page 12 of the brief that tiepoints are a useful                                                                                                        
                     part of the invention as they avoid having the head bobbing                                                                                                       
                     which would otherwise occur in the animation.                                                                                                                     
                                Claim 83 adds to claim 1 the limitation “wherein the                                                                                                   
                     aspects are tiepoints.”   As we have previously held Lee’s set                                                                                                    
                     of points S are considered to meet the claimed “aspects.”                                                                                                         
                     Also, as we have previously stated Lee’s warp function maps                                                                                                       
                     these points from one image to the next, and as such the                                                                                                          
                     points smoothly transition                                                                                                                                        







                                1 The scope claim 84 as presented cannot be determined as                                                                                              
                     the limitation “said processor” lacks antecedent basis.                                                                                                           
                     However, we do not need to determine the scope of claim 84 as                                                                                                     
                     claim 84 falls with claim 83.                                                                                                                                     
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