Ex parte MATSUMURA et al. - Page 7




          Appeal No. 1997-1924                                                        
          Application No. 08/244,633                                                  


          scope of the “movable members” relied upon by the Examiner.                 
          The only movable                                                            
          members found are tool rests TP1 and TP2.  However, these                   
          represent tools in use, as opposed to tools not in use.  We                 
          find nothing in Kawamura that implicitly teaches detecting                  
          interference of the claimed “other tools” (i.e., tools not in               
          use), nor do we find any basis for detecting interference with              
          various parts of the NC lathe as claimed.  Additionally, the                
          Examiner has not shown, nor do we find in Kawamura, other                   
          tools not in use and mounted on the same turret as the tool in              
          use.  Thus, the Examiner has not shown anticipation of the                  
          claim by Kawamura.                                                          





          In view of the foregoing, the decision of the Examiner                      
          rejecting claim 1 under 35 U.S.C. § 102(e) is reversed.                     

          REVERSED                                                                    




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