Appeal No. 2002-1491
Application 08/845,526
graphics pipeline to render the object (refer Figs. 1, 2, 2A).” But the effort is without merit since
Gharachorloo’s graphics rendering pipeline does not perform these tasks: (1) to convert the
NURBS model to a Bezier model and generating a plurality of Bezier control points from a
corresponding plurality of NURBS control points using a tri-linear interpolator in the graphics
pipeline, (2) to generate a plurality of points on a curve or surface defined by the Bezier model,
and (3) to use those generated plurality of points to render the NURBS defined curve or surface
without first converting the NURBS model to a polygon mesh. In contrast, Gharachorloo’s
graphics rendering pipeline exemplifies that which the appellant’s specification describes as
belonging to the prior art, i.e., those which do the rendering by first converting the NURBS
model to a polygon mesh.
The combination of Jia and Gharachorloo in the manner as proposed by the examiner
reflects the application of improper hindsight in light of the applicant’s own disclosure. The
examiner has not set forth persuasive reasoning why one with ordinary skill in the art would
operate a graphics rendering pipeline, not according to how any cited prior art graphics rendering
pipeline is used, but according to how numerical machine tools are controlled according to the
Jia reference. In that regard, we recognize that the examiner has made the following statement
on the top of page 5 of the Answer, and in bold: “Jia also teaches generating a curve without
first converting the NURBS defined curve to a polygon mesh (Fig. 5).” If by “generating” the
examiner intends “displaying a 3D graphics” or “rendering,” the statement is not supported by
the cited evidence. As is described in column 8, lines 4-11 of Jia, Figure 5 is an example of a
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