Appeal No. 1998-2569
Application No. 08/517,132
(Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore
and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554,
220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
(1984).
With respect to independent claims 1 and 6, the Examiner
attempts to read the various claim limitations on the
disclosure of Susman, in particular pointing to the flow
diagram illustrated in Figure 11. In response, Appellants
assert (Reply Brief, page 2), that Susman lacks a disclosure
of a key feature of each of the appealed independent claims,
i.e. the comparison of updated virtual world conditions with
initial data from a stored starting data block.
After careful review of the Susman reference in light of
the arguments of record, we are in agreement with Appellants’
position as stated in the Briefs. As indicated in the flow
diagram of Susman’s Figure 11, a check is made to determine if
an interaction occurs between affect volumes of various
objects as they move from an original to a new or updated
location. We agree with Appellants’ assertion however that,
while Susman compares data representative of the updated
object locations, there is no comparison of updated conditions
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