Appeal No. 1998-2748
Application No. 08/429,783
Based on our reading of Shimano, a determination that
there is, in fact, disclosed therein the execution of a
machining program having a nested structure and a correction
of said nested structure, as claimed, can only be bottomed, at
best, on speculation and hindsight, improper criteria on which
to base a finding of anticipation under 35 U.S.C. 102(b). The
examiner has not persuaded us of a prima facie case of
anticipation of the instant claimed subject matter based on
Shimano.
Accordingly, we will not sustain the rejection of claims
6, 20 and 21 under 35 U.S.C. 102(b).
The examiner’s decision is reversed.
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