Appeal No. 1999-0007
Application 08/688,218
972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.
1992), citing
In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.
1984). "Obviousness may not be established using hindsight or in
view of the teachings or suggestions of the inventor." Para-
Ordnance Mfg. v. SGS Importers Int’l, 73 F.3d at 1087, 37 USPQ2d
at 1239, citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721
F.2d at 1551, 1553, 220 USPQ at 311, 312-13.
As pointed out above, Upton does not teach the translation
of first databases embodying an integrated circuit for a first
manufacturing process, to second databases embodying the
integrated circuit for a second manufacturing process. Upton
teaches the generation of databases ab initio for an integrated
circuit in different manufacturing processes. Dai generates an
emulation circuit, and has nothing to do with manufacturing
processes. Dai discloses a single place and route module and
provides no motivation to use such in Upton. Since there is no
evidence in the record that the prior art suggested Appellant’s
claimed invention, we will not sustain the Examiner’s rejection.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007