Ex parte MAGUIRE - Page 16




                 Appeal No. 1999-2698                                                                                                                  
                 Application 08/560,108                                                                                                                


                          As pointed out by our reviewing court, we must first                                                                         
                 determine the scope of the claim.  "[T]he name of the game is                                                                         
                 the claim.”  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d                                                                        
                 1523, 1529 (Fed. Cir. 1998).                                                                                                          
                          Turning first to Appellant's claim 1 , we note that this        16                                                           
                 claim  calls for "a computer and image processor having17                                                                                                                           
                 positions and geometric features of said real objects                                                                                 
                 prestored in a computer spatial model of the object space . .                                                                         
                 .".  We agree with Appellant that this is not taught or                                                                               
                 suggested by Bajura.  We have reviewed the sections  of Bajura                             18                                         
                 noted by the Examiner and find no such disclosure.  The                                                                               
                 apposite section of lines 6 and 7 of the first paragraph of                                                                           
                 section 4.2 states "Images in the virtual environment are                                                                             
                 registered to the real world within the update-rate limit of                                                                          
                 the tracking and display system . . . ."  Section 4.4 is                                                                              
                 directed to calibration of the system and provides for                                                                                


                          16Similar limitations are present in independent claims 6                                                                    
                          and 7.                                                                                                                       
                          17Lines 5-9.                                                                                                                 
                          18Lines 6-7 of the first paragraph of section 4.2,                                                                           
                 section 4.4 and pages 206-207                                                                                                         
                                                                          16                                                                           





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