Ex Parte BROWNING et al - Page 47



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

                overlooked during prosecution of the original patent application; and (2)                     
                which patentably distinguish over the prior art.                                              
                      Originally prosecuted claims 2 and 3 (now patent claims 2 and 3)                        
                recite in part (emphasis added):                                                              
                      attribute assigning means, coupled to the grouping means, for                           
                      assigning attribute to the first and second edges of the first and                      
                      second virtual objects, the attribute means including hierarchy                         
                      means for assigning a grouping hierarchy for the first and                              
                      second virtual objects wherein the second virtual object is                             
                      assigned as a child object of the first virtual object and wherein                      
                      an orientation and a position of the child object is calculated                         
                      relative to the first virtual object.                                                   
                                                     ***                                                      
                      attribute assigning means further comprises:                                            
                             origin assigning means for assigning an origin on the                            
                      first virtual object around which the third virtual object can                          
                      rotate; and                                                                             
                             constraint assigning means for assigning a three-                                
                      dimensional constraint of motion to the third virtual object to                         
                      constrain how the third virtual object can rotate with respect to                       
                      the first virtual object.                                                               
                See also originally prosecuted and patented claims 1 and 4-9.                                 
                      Appellants fail to point out any materially narrowed overlooked                         
                aspect that is claimed in reissue claims 10-43, 46-55, 58-66, 97-104, and                     
                106-108.  To the contrary Appellants point to limitations already found in                    
                the patent claims (e.g. Br. 10:5-9) and argue that such limitation (e.g. the                  
                “three-dimensional” group) is a materially limitation as to the reissue claims.               
                We reiterate that we do not agree.                                                            

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