Ex Parte SILVA et al - Page 4




              Appeal No. 2002-1313                                                                Page 4                
              Application No. 09/282,590                                                                                


                     Rather than reiterate the positions of the examiner or appellants in toto, we                      
              address the main point of contention therebetween.  The examiner makes the following                      
              assertions.                                                                                               
                     Seidl discloses a method of modifying representations of three                                     
                     dimensional objects comprising the steps of displaying a three                                     
                     dimensional representation of an object (curve in figures 12-19, surface in                        
                     figures 20-27 and shape in figures 28-33), displaying a three dimensional                          
                     representation of a modifier in association with the representation of the                         
                     object, the representation of the object having a shape defined by one or                          
                     more modifier parameters, (box in figures 12-33), the representation of                            
                     the modifier having a shape indicating an approximate appearance of the                            
                     object (figures 2425), changing the three dimensional representation of                            
                     the modifier and applying the modifier to the object (column 2, lines 55-                          
                     61), and displaying a second three dimensional representation of the                               
                     object (the modified curves in figures 13-19, modified surfaces in figures                         
                     21-27, and modified shape in figure 33).                                                           
              (Examiner's Answer at 3.)  The appellants argue, "in Seidl, the alterations are made by                   
              a user interacting with an alteration tool (the bounding box).  In [the claims], the                      
              alteration is made by applying a modifier to an object. . . ."  (Appeal Br. at 10.)                       


                     “Analysis begins with a key legal question -- what is the invention claimed?”                      
              Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.                        
              Cir. 1987).   In answering the question, “the Board must give claims their broadest                       
              reasonable construction. . . .”  In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664,                        
              1668 (Fed. Cir. 2000).  “Moreover, limitations are not to be read into the claims from the                
              specification.”  In re Van Geuns, 988 F.2d 1181, 1184, 26 USPQ2d 1057, 1059 (Fed.                         








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