Ex parte LINDSTROM et al. - Page 8




          Appeal No. 1999-0086                                                        
          Application No. 08/612,820                                                  


               With respect to independent method claim 1, the Examiner               
          has indicated (Answer, page 5) how the various limitations are              
          read on the disclosure of Niwa.  In particular, the Examiner                
          points to the description at column 13, line 27 to column 14,               
          line 57 in Niwa.                                                            
               After careful review of the Niwa reference in light of                 
          the arguments of record, we are in agreement with the                       
          Examiner’s position as stated in the Answer.  Appellants’                   
          arguments in response (Brief, pages 16-18) assert that each of              
          the steps (a) through (d) in claim 1 is not disclosed in Niwa.              
          We find none of Appellants’ arguments to be persuasive.                     
               With respect to step (a) of claim 1 which recites                      
          “determining a number of parameters which affect each                       
          positioning move . . . from said worksheet;. . . .”,                        
          Appellants contend that, in the excerpt from Niwa cited by the              
          Examiner, only a number of feedrates related to tool position               
          relative to the workpiece are disclosed.  In our view,                      
          however, notwithstanding the fact that the values L1-L4 in                  
          Niwa are distances and not feedrates as argued by Appellants,               
          these distance values L1-L4 along with the associated                       
          feedrates F and the tool radius r qualify as a “number of                   
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