Appeal No. 95-3265
Application 08/047,162
there is a combination of two integrated circuit mask databases,
as claimed.
With regard to admissions in the specification
background, the examiner has not specifically identified on what
portion of the background he relies. However, even if we agree
with the examiner that the general combination of two integrated
circuit mask databases was known , and that even the combination2
of two integrated circuit mask databases of circuits executed
with different design rules appears to have been known, there is3
clearly nothing in the specification background, in Morishita, or
in appellant's declarations that would suggest that it was known
to combine two or more databases of circuits executed with
different design rules in the specific, simplified manner
claimed. That is, we find no suggestion of using a global or
single set of commands in pattern generating software to make
This is a reasonable assumption in view of appellant's2
declaration filed May 25, 1994, wherein, at page 2 thereof,
appellant/declarant states:
We had before combined two circuit cells
from existing products of Zilog wherein
the two circuits were designed using the
same design rules.
Page 3, lines 3-22, of the instant specification appears to3
suggest at least that such combinations, while not always easy,
have been made.
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