Ex parte MIYATA - Page 4




          Appeal No. 1999-2640                                                         
          Application 08/918,267                                                       

          No. 21) (pages referred to as "EA__") for a statement of the                 
          rejection, and to the revised brief (Paper No. 27) (pages                    
          referred to as "Br__") for a statement of Appellant's                        
          arguments thereagainst.                                                      
                                       OPINION                                         
               The claims are grouped to stand or fall together (Br3).                 
          Claim 1 is analyzed as representative.                                       
               As an initial matter of claim interpretation, we note the               
          use of the transition phrase "consisting of" in claims 1 and                 
          8.  This phrase excludes other steps in claim 1 and other                    
          structure or means in apparatus claim 8.                                     
               The Examiner finds that Kato discloses the claimed                      
          subject matter except for generating a texture value for each                
          position by surface rendering color information based on                     
          position values generated for each position (FR3).  The                      
          Examiner seems to find that Kato teaches generating textures                 
          as recited in claim 1, but does not do so "by surface                        
          rendering surface color information based on position values                 
          generated for each position" as recited in claim 8.  The                     
          Examiner finds that Foley shows generating texture for each                  
          position in Fig. 14.32, page 643, which is said to shown                     

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