Ex Parte UBILLOS - Page 5



          Appeal No. 2003-1480                                                        
          Application No. 09/127,442                                                  
               As the Examiner and Appellant concede, Higasayama teaches              
          that a cutter path is defined by a succession of discrete points            
          which generated using the cutter path data (col. 1, lines 18-22).           
          The movement velocity of the cutter is determined by a curvature            
          radius of the path estimate and a space interval of the points              
          (col. 2, lines 1-7) whereas the acceleration and deceleration of            
          the cutter depends on the disposition of the points to be                   
          followed by the cutter (col. 2, lines 42-46).  Therefore, as                
          correctly identified by Appellant, the discrete points, even if             
          displayed, cannot be repositioned by a user since they are the              
          defining points along the cutter path and calculated based on a             
          “curve defining equation” (col. 12, lines 7-16).  In fact, as               
          pointed out by Appellant (reply brief, page 2), any changes to              
          the movement characteristics of the cutter by altering the                  
          discrete points defining the path would have to be performed                
          based on the geometry data of the work piece and not by using the           
          displayed points.                                                           
               Turning now to Watanabe, we find that the reference also               
          relates to a method of setting object display attributes and a              
          method of generating an object motion path for three-dimensional            
          computer graphics (col. 1, lines 14-17).  In particular, Watanabe           
          teaches that the position of an object, the magnitude and                   
          direction of an object velocity and time may be dynamically                 
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