Appeal No. 1997-4315
Application No. 08/159,618
First, we note that the definition proposed by
appellants is not mandated by any special definition set forth
in the specification. Second, Tsujino does not simply
disclose tool parameters such as length, diameter and offset,
but also discloses the ability to identify or discriminate the
type of tool within the tool holder. This discrimination in
Tsujino is done for the same purpose disclosed by appellants
which is to prevent the use of the wrong tool. Tsujino states
that “the tool to be carried to the spindle 3 by the tool
changing apparatus 4 is checked by the receiver 30 arranged at
the position B to see if it is the designated proper tool or
not. Therefore, it is possible to prevent that the workpiece
is erroneously worked by use of the improper tool" [column 7,
lines 10-15]. Thus, Tsujino determines if a tool located in
the tool holder is the correct tool for the job. The data for
identifying the tool is “set condition” data within the
meaning of the claims. The earlier decision agreed with the
examiner that displaying machine tool data was well known as
evidenced by Fukuyama. We still agree with the examiner’s
conclusion that it would have been obvious within the meaning
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