Appeal No. 1999-0259
Application 08/596,857
showing an example of wiring layout data. Column 3, lines 49-
51. The diagram “designates a wiring formed between an output
of the inverter 21 and inputs of the inverters 22 and 23.”
Komoda’s circuit cell example of an inverter does not satisfy
the definition of a circuit cell including an “active
element.” An inverter does not switch or amplify.
Additionally, Komoda’s teaching of “wiring circuit data”
(Komoda, column 4, line 4) would not suggest the use of an
“active element” to one of ordinary skill in the art. Komoda
does not otherwise separately teach or suggest the use of
other circuit cells that may contain active elements.
The Examiner has not shown that Komoda teaches or
suggests the limitation “where the circuit cells include
active elements.” Absent any such teaching or suggestion in
Komoda, the Examiner’s cursory rebuttal statement of
obviousness (“[I]t would have been obvious to a person of
ordinary skill in the art . . . [to] know [that] in a
computer aided design and
in . . . real time processing[,] active elements are standard
means of design functions.” Examiner's Answer at pages 4-5.)
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