Ex parte SUGIYAMA et al. - Page 5




          Appeal No. 1997-4315                                                        
          Application No. 08/159,618                                                  


          the original panel considered.  Specifically, Takeuchi teaches              
          an affirmative action of not moving a tool to the machining                 
          center when the data is inaccurate [note column 9, lines 28-                
          32].  As noted in Takeuchi, the movement of the defective                   
          pallet is inhibited.  We view such inhibition of movement as                
          an action of stopping processing of a program.  We also view                
          such stopping as a stopping when necessary workpiece data has               
          not been set in said workpiece fixing means as recited in                   
          claim 19.                                                                   
          We are also of the view that Takeuchi teaches the                           
          prompting function of claim 19.  Takeuchi states that “[i]f                 
          the normal data cannot be received even after the resending                 
          operation was requested a predetermined number of times, the                
          CPU 30 of the write/readout unit 25 turns on the error                      
          indicator 72, thereby instructing the checking by the                       
          operator” [column 8, lines 13-17].  Such an indication to the               
          operator would have suggested the claimed prompting of an                   
          operator to set workpiece data.                                             
          With respect to claim 21, the Board in the earlier                          
          decision observed that the claimed position and height data of              
          each workpiece was conventional information that would have                 
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