Appeal No. 95-3265 Application 08/047,162 with common design rules (col.1) in the context of hierarchical pattern processing and specifically teaches the concept of defining an area for limiting modification (resizing) of data to only those that falls [sic, fall] within the defined area (Fig. 8B). The examiner then goes on to conclude that the claimed subject matter would have been obvious because it "is pure common sense" [answer, page 5] to limit mask areas of modification to one mask set when two mask sets of different design rules are put side by side, that labeling a defined area a "phantom mask" does not distinguish over the "background prior art or the concept illustrated in Morishita et al...and that using a global command in place of plural individual commands are [sic] merely software assisted convinience [sic, convenience]" [answer, page 5]. The examiner further states, at page 5 of the answer, that the use of known software tools "does not constitute an invention...when the method of making essentially the same changes for generating a new mask set are known." Thus, the examiner has employed Morishita to illustrate some broad "concept" of what the examiner considers the instant claimed invention to be and buttresses this with unsupported allegations of what would be "pure common sense" and "known" to arrive, ostensibly, at the instant claimed subject matter. -4-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007