Ex Parte Bode et al - Page 10



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

          adjusting a process target value based on a manufacturing metric            
          distribution [brief, pages 7-8].  The examiner responds that the            
          manufacturing metric distribution of the claimed invention is not           
          supported by the specification.  The examiner also responds that            
          the measurements made in Simmons meet the definition of metric as           
          claimed [answer, page 19].                                                  
          We will not sustain the examiner’s rejection of the                         
          claims under 35 U.S.C. § 103 for essentially the reasons argued             
          by appellants in the brief.  The claims require a correlation               
          between manufacturing characteristic data, such as the gate                 
          dimension of a transistor, with a manufacturing metric, such as             
          the power consumption or speed of the transistor.  In other                 
          words, the power consumption or speed of a transistor is measured           
          for varying values of the gate dimension so as to correlate each            
          gate dimension with a corresponding power consumption or speed.             
          The value of the process target value, such as a given gate                 
          dimension, can then be adjusted depending on whether one is                 
          producing transistors to emphasize power consumption or speed.              
          As noted above, the examiner’s position that this type of claimed           
          correlation is not supported by the disclosure is without merit.            
          We agree with appellants that the process described in Simmons              
          does not relate to the adjustment of a target value based on a              
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