Ex parte KUMAR - Page 4




          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.                    


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