Ex Parte TAIN - Page 5



          Appeal No. 2001-0326                                                        
          Application 09/007,138                                                      

          1626, 1630 (Fed. Cir.1996), Para-Ordnance Mfg. v. SGS Importers             
          Intern., Inc., 73 F.3d 1085, 1088, 37 USPQ2d 1237, 1240 (Fed.               
          Cir. 1995), although "the suggestion more often comes from the              
          teachings of the pertinent references," Rouffet, 149 F.3d at                
          1355, 47 USPQ2d at 1456. The range of sources available, however,           
          does not diminish the requirement for actual evidence. That is,             
          the showing must be clear and particular. See, e.g., C.R. Bard,             
          157 F.3d at 1352, 48 USPQ2d at 1232.                                        
               An obviousness analysis commences with a review and                    
          consideration of all the pertinent evidence and arguments.  “In             
          reviewing the [E]xaminer’s decision on appeal, the Board must               
          necessarily weigh all the evidence and arguments.”  In re                   
          Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444.  “[T]he Board must            
          not only assure that the requisite findings are made, based on              
          evidence of record, but must also explain the reasoning by which            
          the findings are deemed to support the agency’s conclusion.”  In            
          re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.                
          2002).  With these principles in mind, we commence review of the            
          pertinent evidence and arguments of Appellant and Examiner.                 
          Independent claims 1 includes the following limitations:                    
               [C]onverting an input representation of a pattern of                   
               integrated circuit interconnects in a format suitable for a            
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