Ex parte SCOTT et al. - Page 19




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



          by using computer modeling techniques to generate an image.                 
          Reviewing Terzopoulos, pages 576 and 577, section E. we find                
          that the use of video frames of a subject is to generate data               
          for input to a synthesized model of the subject.  The problem               
          to be solved by Appellants' invention concerns animating                    
          images, specifically obtaining images to be used in the                     
          animation.  We find that one of ordinary skill in the art                   
          would not look to Terzopoulos’s teaching of adjusting a                     
          synthesized model based upon video of observed behavior, for a              
          teaching that video of a subject should be analyzed to obtain               
          images for animation.  Accordingly, we conclude that                        
          Terzopoulos was inappropriately combined with Lee and                       
          Lavagetto.                                                                  
               We next consider the scope of each of the independent                  
          claims.                                                                     
               Claims 35, 41, 44, 58, 59, and 70 are all independent                  
          claims which contain limitations similar in scope to those of               
          claim 6 mentioned above.  For example, representative claim 35              
          contains the limitation “determining some aspect of each image              
          . . . to                                                                    

                                         19                                           





Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next 

Last modified: November 3, 2007