Appeal No. 2006-1429
Application No. 10/437,995
Rejection of claim 11 under 35 U.S.C. § 102
Appellants argue, on page 7 of the brief, that Eddie Bauer does not teach
“mapping” the surface material sample onto a “multidimensional representation of an
object.” Appellants assert that Eddie Bauer merely discloses images of actual objects.
The examiner responds, stating, “Eddie Bauer teaches a photograph. A
photograph is a two-dimensional image of an object.”
We concur with the examiner. Claim 11 is dependent upon claim 1 and adds the
limitation that the surface material samples are mapped onto a multidimensional
representation of an object. As discussed supra, Eddie Bauer teaches a web page which
presents pictures of objects for sale (clothing). On one page 52, Eddie Bauer shows a web
page with the caption “click below to change product color.” Thus, by selecting a color
the selected object will be displayed in the newly selected color. As the object is a
multidimensional object, the picture displayed is a representation of a multidimensional
object. One skilled in the art would recognize that to display the selected color on the
picture of the object, involves mapping the selected color (surface material sample) onto
the representation of the selected object. According, we find ample evidence to support
the examiner’s rejection of claim 11 under 35 U.S.C. § 102.
Rejection of claims 3, 4, 14, 15 and 21 under 35 U.S.C. § 103.
Appellants argue, on page 7 of the brief, “dependent claims 3-5 and 14 through 16
are patentable at least because of they depend from independent claims 1 and 12.”
Appellants’ present no other argument directed to claims 3, 4, 14 and 15.
As discussed supra we sustain the examiner’s rejection of claims 1 and 12.
Similarly, we sustain the examiner’s rejection of claims 3, 4, 14 and 15 under 35 U.S.C.
§ 103.
Appellants argue, on page 8 of the brief, that the examiner did not “consider the
corresponding structure in Applicant’s specification for carrying our the claimed function
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