Appeal No. 1997-1924 Application No. 08/244,633 scope of the “movable members” relied upon by the Examiner. The only movable members found are tool rests TP1 and TP2. However, these represent tools in use, as opposed to tools not in use. We find nothing in Kawamura that implicitly teaches detecting interference of the claimed “other tools” (i.e., tools not in use), nor do we find any basis for detecting interference with various parts of the NC lathe as claimed. Additionally, the Examiner has not shown, nor do we find in Kawamura, other tools not in use and mounted on the same turret as the tool in use. Thus, the Examiner has not shown anticipation of the claim by Kawamura. In view of the foregoing, the decision of the Examiner rejecting claim 1 under 35 U.S.C. § 102(e) is reversed. REVERSED 7Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007