Ex Parte WEBER et al - Page 10




              Appeal No. 2004-0573                                                                                        
              Application No. 09/406,017                                                                                  


              inclusion of “zero” in each limitation thereby negates the limitation.  Therefore, this                     
              argument is not persuasive.                                                                                 
                     Appellants conclude that the examiner has not established a prima facie case of                      
              obviousness.  (Brief at page 22.)  We disagree with appellants and find that Rostoker                       
              alone teaches all of the limitations of the broadly recited claim limitations, and we will                  
              sustain the rejection of independent claim 1 and independent claims 6, 11, 16, and 21                       
              which appellants have elected to group therewith.                                                           
                     With respect to dependent claim 2, appellants argue that the databases in Figure                     
              8 are not described and that it is merely assumed  that they would store design events                      
              detected by a monitor during a simulation.  (Brief at page 23.)  Appellants further argue                   
              that element 2914 is accessed by element 2401 and that there is no simulation monitor                       
              tool.  Again, this argument is based upon appellants’ interpretation of [simulation]                        
              monitor which we disagree with above.  Therefore, this argument is not persuasive.                          
              Appellant argues that it is clear that Rostoker does not teach a “database containing a                     
              history of design events detected by a monitor running alongside a simulation.”  Again,                     
              we do not find this argument commensurate in scope with the language of dependent                           
              claim 2.   Therefore, this argument is not persuasive, and we will sustain the rejection of                 
              dependent claim 2 and dependent claims 7, 12, 17, and 22 which appellants have                              
              elected to group therewith.                                                                                 



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