Ex Parte AGRAWAL et al - Page 7



          Appeal No. 1999-0133                                                       
          Application No. 08/459,570                                Page 7           

          have increased the numbers of its input lines routed to each of            
          the output lines as a matter of design choice to optimize                  
          programmability.”                                                          
               Upon careful review of the entire record, we find, for the            
          reasons which follow, that the examiner has failed to establish a          
          prima facie case of obviousness of independent claims 1, 13, and           
          28; and agree with the position set forth by appellants in the             
          brief and reply brief.                                                     
               Appellants assert (brief, page 9) that the examiner's                 
          proposed modification of the programmability of the logic                  
          allocator is a conclusionary, simplistic comment that contradicts          
          the disclosure of Agrawal of providing optimum balance between             
          functionality, silicon die size and performance, and (brief, page          
          10) Agrawal's teaching that speed performance of the device is             
          important.                                                                 
               The examiner acknowledges (answer, page 10) that the state            
          of the art optimizes according to the variables that appellants            
          have stated, but asserts that "improvements in any one of                  
          functionality, silicon die size and performance (i.e. speed) all           
          involve corresponding tradeoffs with regard to the other                   
          factors."  In the examiner's view (answer, page 11):                       







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