Ex Parte 5872952 et al - Page 14




              Appeal No. 2005-2512                                                                                         
              Reexamination Control No. 90/006,431                                                                         

                     An-Chang Deng, “Power Analysis For CMOS/BiCMOS Circuits, Workshop                                     
              Proceedings, International Workshop on Lower-Power Design, pp. 3-8 (Apr. 1994)                               
              (“Deng”).                                                                                                    
                     T. Noguchi, K. Hatanaka, and K. Maeguchi, “A Threshold Pulse Width for                                
              Electromigration Under Pulsed Stress Conditions,” June 12-13, 1989 VMIC Conference,                          
              VLSI Multilevel Interconnection Conference, 1989 Proceedings, Sixth International                            
              IEEE,        pp. 183-89 (“Noguchi”).                                                                         
                     Don Stark, “Analysis of power supply networks in VSLI circuits,” PhD                                  
              dissertation, Stanford University (1991) (“Stark”).13                                                        
                     Gyanendra Tiwary, “Below the half-micron mark,” IEEE Spectrum, pp. 84-87                              
              (Nov. 1994) (“Tiwary”).                                                                                      
              F.  The grounds of rejection                                                                                 
                     The grounds of rejection, as modified to reflect the examiner’s withdrawal of his                     
              reliance on Huang and Rugen, are as follows:14                                                               
                     (1)  Claims 1-18 stand rejected under § 102(a) as anticipated by “RailMill” as                        
              disclosed in the three RailMill documents, which the examiner considers to be “one                           

                                                                                                                          
                     13  The initial twelve pages of the version of Stark of record are out of order and                   
              the abstract is on an unnumbered sixth page.  Also, Figures 80-85 at pages 124-29 are                        
              not clear.  Clearer copies of pages 124-29 have been downloaded from http://www-                             
              visi.stanford.edu/papers/ds_thesis.pdf and accompany this decision, as does a copy of                        
              cover   page i, which in the downloaded version contains the abstract.                                       
                     14  As noted by appellant, the examiner is incorrect to hold that claims 1-18 stand                   
              or fall together under 37 CFR § 1.192(c) for lack of a statement in the brief that they do                   
              not stand or fall together.  Ans. 3 para. 7.  That provision was replaced effective                          
              September 13, 2004, by 37 CFR § 41.37(c), which does not include such a requirement.                         
              Rules of Practice Before the Board of Patent Appeals and Interferences; Final Rule, 69                       
              Fed. Reg. 49,960, 49,960, 50,006 (Aug. 12, 2004); reprinted in 1286 Off. Gaz. Pat. &                         
              Trademark Office 21, 21, 59-60 (Sep. 7, 2004).                                                               

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