Ex parte NIWA - Page 11




          Appeal No. 95-4325                                                          
          Application 08/006,957                                                      


          of the individual cutting data.  All possible pairings of cutting           
          materials and bit shapes are formed by combination and then                 
          weighted.  Pilland then states in column 3, lines 26-30, the                
          passage that the Examiner is relying on, that the weighting is              
          effected by taking into account the exceeding of absolute                   
          boundary values among other factors.                                        
               From a reading of Pilland as a whole, we fail to find that             
          Pilland teaches "tool criteria being specified in a range by the            
          most appropriate value and a predetermined value greater or                 
          smaller than said most appropriate value."  We agree that Pilland           
          teaches tool criteria such as their stability and dimensions,               
          loading capability, working range, grades of the bit and etc.               
          However, Pilland fails to teach that the tool criteria is                   
          expressed in a range of values from the most appropriate value to           
          a predetermined value greater or smaller than said most                     
          appropriate value.  In addition, we acknowledge that Pilland does           
          teach absolute boundary values or deviations from optimum values            
          for machining the workpieces which are tolerances for a finished            
          workpiece.  However, we will not speculate that such teaching               
          would require an expression of a range as claimed without a                 
          further teaching shown in the record.  We are dealing with an               
          anticipation determination and not an obviousness determination.            

                                          11                                          





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007