Appeal No. 2002-1395 Page 14
Application No. 08/789,702
resides at a higher level of hierarchy than the logic gates. Similarly, the large finite
state machine resides at a higher level of hierarchy than the logic gates.
We further find that the reference places at least one of these hierarchical
elements. More specifically, "a synthesizer 20 can be used by the designer, using the
net list 19 as inputs, to create an integrated circuit layout to be used to fabricate an
actual physical electronic circuit chip 21." Id. at ll. 61-65. The laying out of the IC
involves placing the aforementioned hierarchical elements thereof. Therefore, we
affirm the anticipation rejection of claim 29.
Fifth, observing that claim 30 "further limits the 'hierarchical elements,'" (Appeal
Br. at 41), the appellants allege, "the prior art of record does not contain this
combination." (Id.)
Claim 30 specifies in pertinent part the following limitations: "the second one of
the hierarchical elements includes a number of sub-elements, whereby the number of
sub-elements of the second one of the hierarchical elements are located at the same
relative position as the sub-elements of the first one of the hierarchical elements
because the second one of the hierarchical elements references the updated common
placement database.
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