Ex parte KRISTOFF et al. - Page 2




              Appeal No. 1997-0921                                                                                          
              Application 08/038,577                                                                                        

                                                DECISION ON APPEAL                                                          
                     Appellants have appealed to the Board from the examiner's final rejection of claims                    
              1 through 9, which constitute all the claims in the application.                                              
                     Representative claim 9 is reproduced below:                                                            
                     9.  An apparatus for generating a plurality of process steps to form a sequence of                     
              steps corresponding to a plurality of levels to operate a machine, comprising:                                
                     circuitry for obtaining a pointer from a database corresponding to said sequence of                    
              the steps;                                                                                                    
                     circuitry for defining the sequence into at least two portions including a first portion               
              and a second portion; and                                                                                     
                     circuitry for generating said process steps from said pointer so that said process                     
              steps include a first process step corresponding to first steps of said first portion of said                 
              two portions and not corresponding to second steps of said second portion of said two                         
              portions, and a second process step corresponding to said second steps of said second                         
              portion of said two portions and not corresponding to said first steps of said first portion of               
              said sequence.                                                                                                

                     There are no references relied on by the examiner.                                                     
                     Claims 1 through 9 stand rejected under the first paragraph of 35 U.S.C. § 112 as                      
              being based upon a nonenabling disclosure.  Claims 1 through 9 also stand rejected under                      
              the second paragraph of 35 U.S.C. § 112 as being indefinite.                                                  
                     Rather than repeat the positions of the appellants and the examiner, reference is                      
              made to the briefs and the answer for the respective details thereof.                                         




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