Appeal No. 1997-4315
Application No. 08/159,618
of 35 U.S.C. § 103 to display any tool identifying information
of Tsujino as taught by Fukuyama.
We now consider the Board’s earlier decision with
respect to claims 19 and 21 which were rejected under 35
U.S.C. § 103 as being unpatentable over admitted prior art in
view of Takeuchi. With respect to claim 19, appellants’
arguments are directed to the workpiece data set indicating
means. This means is recited for stopping a program,
displaying workpiece data, or prompting an operator. In the
earlier decision, the Board noted that this element was
satisfied by prior art which performs any one of the three
claimed functions, and the Board considered that Takeuchi
taught at least the function of stopping. Appellants argue
that the stopping function is not performed by Takeuchi
because there is no affirmative action taken to stop the
processing of the program and nothing inherently requires the
program in Takeuchi to stop when the data runs out [request,
pages 5-6].
Although the Board considered only the claimed
function of stopping and found stopping in Takeuchi when the
data runs out, we find that Takeuchi teaches much more than
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