Ex Parte BROWNING et al - Page 12



                Appeal 2007-0700                                                                              
                Application 09/159,509                                                                        
                Patent 5,559,995                                                                              

                             suggest grouping three-dimensional and rotatable                                 
                             wireframe objects or sweep polygons.                                             
                                                        ***                                                   
                             Applicants respectfully submit that Claim 7 is patentable                        
                             for at least the reasons set forth for the patentability of                      
                             Claim 1.                                                                         
                                                        ***                                                   
                             Since Fisher only adds to Wexelblat the teachings of                             
                             virtual objects, the Official Action has not shown that                          
                             “grouping means” as positively recited in Claim 1 is                             
                             taught or suggested by any of the references, or that any                        
                             of the references suggest modifying the cited references                         
                             to achieve the positively recited limitation.                                    
                The arguments directly above addressed Finding of Fact 26 limitation (C)                      
                found in Appellants’ amended claims 1 and 7.                                                  
                      28. On April 9, 1996, a Notice of Allowability was mailed which                         
                stated that pending claims 1-7 and 11-12 were allowed.                                        
                      29. Application claims 1-7 became patent claim 1-7 respectively,                        
                and consistent with Office practice, application claims 11-12 were                            
                renumbered as patent claims 8-9 in the course of preparing the original                       
                application for issue.                                                                        
                      30. U.S. Patent 5,559,995 issued September 24, 1996, based on the                       
                original application and contained claims 1-9.                                                

                             C.  Prosecution of reissue application                                           
                      31. Appellants filed reissue application 09/159,509 on September                        
                23, 1998, seeking to reissue U.S. Patent 5,559,995.                                           

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