Ex Parte SHAW et al - Page 6




          Appeal No. 2002-1448                                                        
          Application 09/067,321                                                      


          by which the findings are deemed to support the agency’s                    
          conclusion.”  In re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430,               
          1434 (Fed. Cir. 2002).                                                      
               Appellants argue that Elliot does not teach or suggest a               
          texel map comprising texels each having a color value, a                    
          two-dimensional texel coordinate and a control code.  Appellants            
          point out that Appellants’ claim 1 recites “for each respective             
          pixel, obtaining from a texture map a corresponding texel, the              
          corresponding texel comprising a control code and a color value             
          and having a two-dimensional texel coordinate.”  See pages 12 and           
          13 of the brief.                                                            
               We note that independent claims 7, 14 and 21 recite similar            
          language as quoted above for claim 1.  Thus, we find that all of            
          the claims before us require this limitation.                               
               We note that the Examiner states that Elliot does not                  
          specifically disclose a method comprising the use of a control              
          code stored with the texel color data to selectively enable or              
          disable the application of a lighting condition to texel data for           
          a graphics primitive when rendering the primitive.  See page 5 of           
          the Examiner’s answer.  The Examiner argues that it would have              
          been obvious to one of ordinary skill in the art to derive the              


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