Appeal 2007-0700
Application 09/159,509
Patent 5,559,995
4. Independent claims 10 and 84 under appeal reads as follows:
10. A method for creating a data base representing a
virtual world, the method comprising:
receiving a plurality of polygon representations of virtual
objects;
selecting first and second virtual objects from said
plurality of polygon representations of virtual objects;
grouping the first and second virtual objects into a three-
dimensional grouped object;
assigning a grouping hierarchy for the first and second
virtual objects, wherein the second virtual object is assigned as
the child of the first virtual object; and
calculating an orientation and position of the child object
relative to the first virtual object.
rejection was not in compliance with the rules in effect at the time the
Examiner's Answer was mailed in March of 2002. Additionally, there is
some possibility on this record that Appellants might have argued that the
Supplemental Examiner’s Answer, mailed July 7, 2006, which restructures
the statement of the rejection, is in effect a second “new ground of rejection”
and was not in compliance with the rules in effect at the time it was mailed
in July of 2006. See 37 CFR § 41.43(a)(2) (2006), which became effective
on September 13, 2004. In the Reply Briefs, filed June 6, 2002 and
September 7, 2006, Appellants did not make any of these arguments or note
any procedural objection to the manner in which the Examiner procedurally
presented the Examiner’s position on appeal. Accordingly, Appellants have
waived any procedural error which might have occurred in the manner in
which the Examiner handled the appeal.
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