Ex parte LINDSTROM et al. - Page 11




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


          as distance and feedrate are extracted from the deceleration                
          ratio rule stored in the knowledge base and input to the                    
          system processor to calculate the maximum allowable speed and,              
          accordingly, the optimum minimum positioning time, as the tool              
          approaches a workpiece corner.                                              
               We further disagree with Appellants (Brief, page 18) that              
          the Examiner has combined several embodiments in Niwa in                    
          making the anticipatory rejection.  From our reading of Niwa,               
          we are inclined to agree with the Examiner that, although Niwa              
          uses the term “embodiment” when discussing the various                      
          features of the disclosed invention, these “embodiments” are                
          in actuality variations of the same tool positioning                        
          embodiment.  Notwithstanding this interpretation of the term                
          “embodiment” in Niwa, it is our view that the description of                
          the cornering operation alone illustrated in Niwa’s Figures                 
          17(a) and (b) meets all of the requirements of appealed claim               
          1 as discussed supra.                                                       
               In view of the above discussion, since all of the claimed              
          limitations are present in the disclosure of Niwa, the                      
          Examiner’s 35 U.S.C. § 102(e) rejection of independent claim 1              
          is sustained.                                                               
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