Ex Parte Nolte et al - Page 14



               Appeal 2007-0563                                                                             
               Application 10/001,940                                                                       
           1   arguments regarding the incompatibility of Iwamura z buffering with                          
           2   Montgomery’s item buffering is without merit.                                                
           3          Likewise, Applicants’ argument that Montgomery’s item buffer                          
           4   cannot be used for Iwamura’s three-dimensional scene is not persuasive.  As                  
           5   pointed out by the Examiner, and supported by the record, one of ordinary                    
           6   skill in the art knew how to use item buffering for pick handling in a three                 
           7   dimensional environment (FF 12).  The Applicants are silent with respect to                  
           8   the Examiner’s findings in that respect and have therefore failed to                         
           9   demonstrate that the Examiner’s findings are erroneous.                                      
          10          Applicants urge the Board to consider additional evidence obtained                    
          11   from two separate web sites regarding z-buffering (Br. “EVIDENCE                             
          12   APPENDIX”).  The evidence is in the form of two printout copies from two                     
          13   different websites.  Both copies are dated “4/3/2006.”  That date is                         
          14   subsequent to the 29 November 2001 filing date of the involved application                   
          15   by over four years.  Yet, the Applicants are silent as to whether the                        
          16   information was known to one of ordinary skill in the art at the time of the                 
          17   invention.   For this reason, we give no weight to the additional evidence.  In              
          18   any event, the additional evidence does not help the Applicants.  The                        
          19   Applicants have failed to sufficiently demonstrate that Iwamura only                         
          20   contemplates z buffering or that one of ordinary skill in the art would not                  
          21   know how to use item buffering for three dimensional graphics as already                     
          22   explained.  For reasons already articulated, Applicants arguments are not                    
          23   persuasive and the additional evidence does not alter that view.                             

                                                    14                                                      



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: September 9, 2013