Appeal No. 1998-0426 Application No. 08/307,028 only to the surface. We agree with appellant. (See brief at pages 3-6.) The examiner rationalizes that “the ellipsoid is a sphere.” (See answer at page 4.) While we agree with the examiner's rationalization of the similarity of the sphere and the ellipsoid, we do not agree that a skilled artisan would have recognized them as the same. Appellant has argued that the sphere was selected “to reduce the calculations . . . when one is within the spheres.” (See brief at page 4.) The examiner has not set forth a motivation for changing the ellipsoids of Gardner to spheres and to use the solid sphere rather than merely the surface as taught by Gardner. Appellant further argues that Gardner does not disclose a "method that models a cloud using spheres with each sphere having a varying density of obscuring material (corresponding to a set of parameters defining the nonuniform density and color of the smoke or cloud)." (See brief at page 5.) We agree with appellant that Gardner does not disclose "computing an equivalent translucency factor for the smoke at the pixel based upon location of the pixel with respect to the transformed center point, the screen coordinate radius, the set of parameters defining its nonuniform density and color, and penetration depth through the smoke" as recited in claim 1. Appellant generally argues that Gardner is merely concerned with modeling the surface of an ellipsoidal surface which does not have volume or depth beyond the 4Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007