Ex parte NIWA - Page 4




          Appeal No. 1998-2748                                                        
          Application No. 08/429,783                                                  


          machining program “being executed.”  In contrast, the instant               
          claims require the correction of a nest structure of the                    
          machining program “being executed.”                                         
               With regard to the “nest structure” limitation of the                  
          instant claims, the examiner contends that all that is                      
          required for “nesting” is a “routine or block of data included              
          within a larger routine or  block of data” [answer-page 5].                 
          The examiner then argues that since the loop in Table 48 is                 
          within a larger routine, it is a nested subroutine, as                      
          claimed.                                                                    
               It appears from the disclosure of Shimano that an                      
          operator cannot rearrange a plurality of sequences which would              
          be required for a “nest structure” correction as intended by                
          appellant.  Various portions of Shimano appear to indicate                  
          that each sequence is completed in its entirety before it is                
          again executed in  another “loop.”  See, for example, column                
          44, lines 57-60 and column 47, lines 55-59 of Shimano.                      
          Therefore, it would appear to us that, in Shimano, an operator              
          has no opportunity to return to any desired point within a                  
          “nested structure” in order to correct the structure, as                    
          claimed.                                                                    
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