Ex parte SAKASHITA et al. - Page 13




                 Appeal No. 1999-1098                                                                                                                   
                 Application 08/627,313                                                                                                                 


                 surround I/O cells with gate cells, but to interdisperse the                                                                           
                 cells.  Appellants' invention requires that the memory blocks                                                                          
                 surround the peripheral circuit in order to provide                                                                                    
                 substantially equal signal delay between the peripheral                                                                                
                 circuit and the respective memory blocks.                                                                                              
                          Finally, we find in the Examiner's conclusion that it                                                                         
                 would have been obvious to a skilled artisan to apply the                                                                              
                 teachings of Kusunoki and Seefeldt as a simple design choice                                                                           
                 for arrangement of the cells and periphery, to be without                                                                              
                 evidentiary basis.  As Appellants' specification clearly                                                                               
                 presents  the reason for the claimed arrangement, i.e., to15                                                                                                                      
                 reduce unequal signal delays due to different path lengths,                                                                            
                 the Examiner must provide evidence why one of ordinary skill                                                                           
                 in this art would have selected the claimed arrangement of                                                                             
                 memory blocks and peripheral circuits.                                                                                                 
                          Similarly, as regards claim 8, the Examiner finds  "It                                  16                                    
                 would have been obvious to a skilled artisan to apply the                                                                              
                 teachings of Kusunoki and Seefeldt as a simple design choice                                                                           


                          15Page 14, lines 14-17                                                                                                        
                          16Answer, page 4                                                                                                              
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