Appeal No. 2001-2447
Application No. 09/085,143
undue experimentation. See Atlas Powder Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d
1943, 1947 (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed.
Cir. 1994).
After reviewing Rostoker, we agree with Appellants’ assertion that the claimed method of
generating a technology-independent description of a system that specifies both a signal and a
selected metal layer for the signal, is absent in the reference. Rostoker relates to interactive
design and simulation of an electronic circuit (abstract) by implementing the steps of designing
behavior, behavioral simulation, partitioning, logic synthesis and physical simulation that are
required for the physical implementation of the design (col. 8, lines 6-46). As depicted in Figure
9, within the conceptual and structural levels of the design, the verification of the information is
based on test vectors 906 and pre-defined information about blocks contained in libraries 914
(col. 23, lines 43-53).
Although the behaviorally-verified design is partitioned into architectural blocks which
are physically implemented by incorporating critical information or back annotation, we find no
support for the Examiner’s conclusion that this results in generating a technology-independent
description that specifies a signal and a selected metal layer for the signal. In our view, the
Examiner’s conclusion that the partitioning and physical implementation of Rostoker reads on
the claimed generating a technology-independent description, is not supported by the prior art
disclosure. In order for us to agree with the Examiner’s position, we would need to improperly
resort to speculation or unfounded assumptions to supply deficiencies in the factual basis of the
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