Ex Parte UBILLOS - Page 6



          Appeal No. 2003-1480                                                        
          Application No. 09/127,442                                                  
          changed (col. 1, lines 59-63) while an object motion path can be            
          more finely designated by providing a new velocity attribute at             
          an optional point designated on the path (col. 2, lines 8-11).              
          Thus, Watanabe uses additional points along the path of an object           
          movement to alter the movement characteristics of the object on             
          display.  However, this altering is completely different from               
          defining the cutter path of Higasayama using a plurality of                 
          points with pre-calculated positions and spacing which do not               
          gain any advantage or enhanced functionality by being displayed.            
          Therefore, one of ordinary skill in the art would not be led, let           
          alone motivated, to display these points as any changes to the              
          points must be made only by calculations, not by manipulating the           
          points on a display.                                                        
               Based on our findings above, we agree with Appellant that              
          the plurality of points defining the cutter path of Higasayama              
          cannot simply be displayed similar to the motion path of the                
          object in Watanabe and be used to control the velocity of the               
          cutter along the path.  We also remain unconvinced by the                   
          Examiner’s arguments that one of ordinary skill in the art would            
          have displayed the cutter path of Higasayama in order to monitor            
          the motion of the cutter since the movement and velocity of the             
          cutter along its path requires inspecting the workpiece and not             
          whether the path is displayed.  The Examiner has not pointed to,            
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