Ex parte NIWA - Page 1




              The opinion in support of the decision being entered today was not written for publication               
                                     and is not binding precedent of the Board.                                        
                                                                                    Paper No. 35                       
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                   _____________                                                       
                                  BEFORE THE BOARD OF PATENT APPEALS                                                   
                                              AND INTERFERENCES                                                        
                                                   _____________                                                       
                                            Ex parte TOMOMITSU NIWA                                                    
                                                   _____________                                                       
                                               Appeal No. 1998-1103                                                    
                                             Application No. 08/668,718                                                
                                                  ______________                                                       
                                                     ON BRIEF1                                                         
                                                 _______________                                                       
              Before HAIRSTON, KRASS,  and GROSS,  Administrative Patent Judges.                                       
              KRASS, Administrative Patent Judge.                                                                      

                                              DECISION ON APPEAL                                                       
                     This is a decision on appeal from the final rejection of claims 8-10, 23 and 24.                  
              Claims 11, 25, 27, 28 and 29 have been allowed.                                                          
                     The invention is directed to a numerically controlled machine tool.  More particularly,           
              a miscellaneous command is output to a sequence controller from a numerical controller.                  
              The miscellaneous command is executed without waiting for the                                            

                     1An oral hearing scheduled for September 11, 2001, was abruptly canceled that morning due to the  
              exigencies of the National emergency on that date.  Attorneys for appellant were contacted by the Board  
              Administrator and informed that the hearing was being waived in view of the clear reversal of the examiner’s
              decision.                                                                                                
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