Ex parte NIWA - Page 12




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


          Therefore, we find that Pilland does not teach a tool criteria              
          expressed in a range of values from the most appropriate value to           
          a predetermined value as claimed.                                           
               Therefore, we will not sustain the rejection of claims 1, 5,           
          8 through 10 and 19 under 35 U.S.C. § 102(b) as being anticipated           
          by Pilland.  In regard to the rejection of claims 2 and 3 under             
          35 U.S.C. § 103 as being unpatentable over Pilland and claims 11            
          through 18 under 35 U.S.C. § 103 as being unpatentable over                 
          Pilland and Shima, we note that the Examiner relies on the same             
          reasoning as pointed out above. Therefore, we will not sustain              
          these rejections as well for the same reason as above.                      
               Claims 6 and 7 stand rejected under 35 U.S.C. § 102(b) as              
          being anticipated by Tanaka. Appellant argues on page 2 of the              
          reply brief that although Tanaka may teach a system that is                 
          capable of replacing certain displayed parameters of a tool that            
          is to be used during a machining operation, nowhere does Tanaka             
          teach a step of rearranging and displaying tool data as in the              
          present invention.  In particular, Appellant argues that claim 6            
          defines the method for specifying a tool comprising the step of             
          setting and registering by an operator tool criteria which                  
          indicates which tool is appropriate for a particular machining              
          mode, displaying the registered criteria data, changing and                 

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