Ex parte LATHAM - Page 5




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


                  displayed surface generated.  (See brief at page 4.)  We agree with appellant that the                                                  
                  claimed invention is directed to spherical volumes with a nonuniform density.                                                           
                           The examiner relies upon Sakas to teach the use of a nonuniform density function in                                            
                  3-D modeling smoke and clouds.  While Sakas discloses the use of 3-D models and                                                         
                  projection of the model onto the screen (see Sakas figure 2), Sakas does not disclose the                                               
                  use of a sphere, with a center point, as the object being modeled or the computations                                                   
                  recited in claim 1.  While Sakas does teach the use of density functions, in our view, Sakas                                            
                  does not remedy the above deficiencies in Gardner.  Therefore, we will not sustain the                                                  
                  rejection of claim 1 and dependent claims 2-5.                                                                                          
                                                                  CONCLUSION                                                                              

                           To summarize, the decision of the examiner to reject claims 1-5 under 35 U.S.C. §                                              
                  103 is reversed.                                                                                                                        


                                                                    REVERSED                                                                              



                                             JERRY SMITH                                           )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             LEE E. BARRETT                                        )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      

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