Appeal No. 1998-2748
Application No. 08/429,783
Anticipation is established only when a single prior art
reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention as
well as disclosing structure which is capable of performing
the
recited functional limitations. RCA Corp. V. Applied Digital
Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.
Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and
Assoc. Inc. V. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ
303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
The instant claims require the execution of a machining
program having a nest structure. They also require correcting
the nest structure of the machining program being executed.
The examiner points to Table 48 in column 41 of Shimano for
the teaching of these claimed limitations.
First, it appears that Table 48 of Shimano is directed to
a “walk-through training” mode of operation where actual
programming, rather than the execution of the program, is of
interest. Thus, any editing performed by an operator in
Shimano would not be a correction of a nest structure of the
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