Ex parte LIEBMANN - Page 6




          Appeal No. 1998-0723                                                        
          Application 08/570,851                                                      


          of using a computer aided design (CAD) system for generating                
          phase shifted mask designs for very large scale integrated                  
          (VLSI) chips.  Spence is cited for teaching the use of a                    
          design checker to determine design conflicts of critical                    
          features of the circuit design.  The examiner states that the               
          design checker is the “key of the invention.”  The examiner                 
          concludes that “it would have been obvious . . . to recognize               
          that, the design conflicts are characterized as those critical              
          features that either have a phase region (180 degrees phase)                
          on both sides or have no adjacent phase region at all”                      
          [Answer, pages 5-6].                                                        
          Appellant argues that even though Liebmann and Spence                       
          teach the requirement to verify that every critical dimension               
          feature has a 180 degree phase shift on one side and not on                 
          the other, neither reference teaches how to achieve this                    
          verification.  More particularly, appellant argues that the                 
          specific steps for performing design checking in claims 1 and               
          5 are not taught or suggested by the broad design checker of                
          Spence or recognition of the problem in Liebmann [Brief, pages              
          9-14].                                                                      


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