Ex parte LATHAM - Page 3




              Appeal No. 1998-0426                                                                                        
              Application No. 08/307,028                                                                                  


                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
                     Sakas et al. “Sampling and Anti-Aliasing of Discrete 3-D Volume Density                              
                     Textures”,  Computers & Graphics: Eurographics '91 Award Paper, pgs.                                 
                     121-134, published by Pergamon Press (1992).                                                         
                     Gardner, “Visual Simulation of Clouds,” Computer Graphics, Vol. 19, No. 3,                           
                     pgs. 297-303, (July 1985).                                                                           
                     Claims 1-5 stand rejected under 35 U.S.C. § 103 as being unpatentable over                           
              Gardner in view of Sakas.                                                                                   
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                    
              appellant regarding the above-noted rejections, we make reference to the examiner's                         
              answer (Paper No. 24, mailed Aug. 28, 1997) for the examiner's reasoning in support of                      
              the rejections, and to the appellant's brief (Paper No. 23, filed June 16, 1997) for the                    
              appellant's arguments thereagainst.                                                                         
                                                       OPINION                                                            

                     In reaching our decision in this appeal, we have given careful consideration to the                  
              appellant's specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by the appellant and the examiner.  As a consequence of                    
              our review, we make the determinations which follow.                                                        
                     Appellant argues that Gardner does not disclose the use of a sphere in the                           
              simulation of the clouds.  Rather Gardner uses ellipsoidal surfaces with texturing applied                  

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