Ex Parte Bode et al - Page 4



          Appeal No. 2005-0166                                                        
          Application 09/789,872                                                      

          particular art would not have suggested to one of ordinary skill            
          in the art the obviousness of the invention as set forth in                 
          claims 1-48.  Accordingly, we reverse.                                      
          We consider first the rejection of claims 1-48 under the                    
          first paragraph of 35 U.S.C. § 112.  It is the position of the              
          examiner that the claims contain subject matter which was not               
          described in the specification in such a way as to reasonably               
          convey to one skilled in the relevant art that the inventors, at            
          the time the specification was filed, had possession of the                 
          claimed invention.  Specifically, the rejection seems to object             
          to the fact that the description of the invention is a                      
          generalized philosophy of the concept of computer and                       
          mathematical modeling without providing a clear-cut methodology             
          of specific input data, output data and the transfer function               
          prediction.  The examiner also asserts that the specification               
          does not support specifically how manufacturing characteristic              
          data can generate a manufacturing metric distribution and adjust            
          target values as claimed [answer, pages 3-5].                               
          Appellants argue that the operation of a manufacturing                      
          system as claimed is well known to those of ordinary skill in the           
          art.  Appellants argue that Figure 2 of the application and its             
          corresponding description clearly teaches how to generate a                 
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