Ex parte KOBAYASHI et al. - Page 10




          Appeal No. 1998-1083                                                        
          Application 08/402,606                                                      

          Claim 5                                                                     
               Claim 5 does not recite how the first and second                       
          traveling paths are determined and, in particular, it does                  
          not recite the disclosed method of determining the bending                  
          amounts at interpolation points from the bending amounts at                 
          the start point and end point as in claims 1 and 2, where                   
          the locus of bending amounts constitutes the second                         
          traveling path.  Further, claim 5 does not require that the                 
          second traveling path is predetermined and, thus, it does                   
          not preclude "determining a second traveling path" on a                     
          point-to-point basis where a path consists of a set of                      
          points.                                                                     
               However, claim 5 recites "determining amount of                        
          displacements between said first traveling path and said                    
          second traveling path" which we interpret to exclude the                    
          second traveling path from being determined from the                        
          displacements.  In Appellant's invention, the actual path                   
          points H1', H2', etc. are determined by interpolation from                  
          the displacements at the starting point and ending point and                
          then the displacements between the desired path and the                     



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