Ex Parte UBILLOS - Page 4



          Appeal No. 2003-1480                                                        
          Application No. 09/127,442                                                  
          instead of using handles.  In that regard, Appellant further                
          argues that Higasayama’s discrete points, which are automatically           
          calculated by a computer and, if altered, will change the cutter            
          path simulated from the geometry of the piece (brief, pages 12 &            
          13; reply brief, page 4).  Additionally, Appellant asserts that             
          the combination of Higasayama and Watanabe lacks a proper                   
          motivation since displaying the actual path the cutting tool is             
          following based on the geometry of the work piece is of little              
          interest to the skilled artisan compared to the cutter’s physical           
          operation (brief, page 12).  Appellant further asserts that, in             
          fact, any manipulation of the discrete points along the path                
          would be detrimental to the accuracy of the path and cause the              
          path to deviate away from the desired geometry of the work piece            
          (reply brief, page 2).                                                      
               In response to Appellant’s arguments, the Examiner asserts             
          that Watanabe is relied on only for suggesting the displaying of            
          the path the object will follow whereas Higasayama teaches that             
          the cutter’s velocity variation depends on the placement of the             
          discrete points (answer, page 6).  The Examiner concludes that              
          the discrete points of Higasayama can be reasonably interpreted             
          as the claimed handles as the velocity of the cutter depends on             
          these points (answer, page 9).                                              

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