Ex Parte PAPAKIPOS et al - Page 10




                 Appeal No. 2002-1491                                                                                                                 
                 Application 08/845,526                                                                                                               

                 notwithstanding that according to the Sherman and Schulmeiss references the de Casteljau                                             
                 process can be used to evaluate Bezier curves.  The fact that the de Casteljau process can be used                                   
                 to evaluate Bezier curves does not mean the NURBS representation of a curve and the Bezier                                           
                 model of the same are equivalents.                                                                                                   
                          As for the examiner’s statement that Jia also teaches generating a curve without first                                      
                 converting the NURBS defined curve to a polygon mesh, we have the same problems with it as                                           
                 earlier discussed in the context of the rejection of claims 1, 2, 6, 8, and 13-15.                                                   
                          In the Response to Argument portion of the examiner’s Answer, the examiner makes a                                          
                 surprising statement.  On page 14, in lines 15-17, the examiner states:  “it is noted that Luken                                     
                 teaches a graphics pipeline (Fig. 2) to render the parametric surface, and also teaches pipeline                                     
                 to decompose NURBS to Bezier (Col. 1 45-50) [Emphasis added]”.  That statement contradicts                                           
                 the examiner’s earlier finding on page 10 of the Answer that “Luken fails to teach the use of                                        
                 these methods [the various claimed steps] for a Bezier curve.”  Upon closer scrutiny, we see that                                    
                 there really is no contradiction.  The examiner is only sloppy in referring to different parts of                                    
                 Luken.  Luken’s invention indeed is not described as using a Bezier curve or Bezier control                                          
                 points, just as the examiner found on page 10 of the Answer.  The examiner’s statement on page                                       
                 14 of the Answer which appears to say the contrary actually refers not to Luken’s disclosed                                          
                 invention but to a different invention referred to in the Background Art portion of Luken’s                                          
                 specification, i.e., U.S. Patent No. 4,912,659.   It is abundantly clear that the reference to Patent                                
                 No. 4,912,659 is describing something different from what is implemented in Luken’s own                                              


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