Ex Parte DEVINS et al - Page 2




              Appeal No. 2004-1558                                                                                       
              Application No. 09/283,386                                                                                 

                     The invention is directed to graphics rendering by using captured graphics                          
              hardware instructions.                                                                                     
                     Representative independent claim 1 is reproduced as follows:                                        
                     1.      A method for performing graphics rendering, comprising:                                     
                            capturing, in a memory as an executable program, hardware-level                              
                     instructions generated by a device driver in response to basic rendering                            
                     functions called by a graphics application program running in a host                                
                     operating system; and                                                                               
                            defining said captured hardware-level instructions as an executable                          
                     program to the host operating system wherein said hardware-level                                    
                     instructions are captured in the memory separate from the host operating                            
                     system.                                                                                             
                     The examiner relies on the following references:                                                    
              Shaw et al. (Shaw)                 5,657,479                    Aug. 12, 1997                              
              Devic                              5,675,773                    Oct . 07, 1997                             
              Neider, et al. “OpenGLTM Programming Guide: The Official Guide to Learning OpenGL”                         
              Release 1, Addison-Wesley Publishing Company (1993),   (OGL)                                               
                     Claims 1-3, 5-7, 9-11, and 13-25 stand rejected under 35 U.S.C. §103.  As                           
              evidence of obviousness, the examiner cites Devic and OGL with regard to claims 1-3,                       
              5-7, 9-11, 13-18, and 21-23, adding Shaw with regard to claims 19, 20, 24, and 25.                         
                     Reference is made to the briefs and answer for the respective positions of                          
              appellants and the examiner.                                                                               






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