Ex Parte Bode et al - Page 2



          Appeal No. 2005-0166                                                        
          Application 09/789,872                                                      

          The invention pertains to a method and apparatus for                        
          controlling a machine tool adapted to process workpieces in                 
          accordance with an operating recipe based on a process target               
          value.  Manufacturing characteristic data is collected and                  
          correlated with a manufacturing metric to generate a metric                 
          distribution for the workpieces.  The process target value is               
          then adjusted based on the metric distribution.                             
          Representative claim 1 is reproduced as follows:                            
               1.   A method for controlling a tool adapted to process                
          workpieces in accordance with an operating recipe based on a                
          process target value, comprising;                                           
                    collecting manufacturing characteristic data associated           
          with the workpieces;                                                        
                    correlating the manufacturing characteristic data with            
          a first manufacturing metric to generate a first manufacturing              
          metric distribution for the workpieces; and                                 
                    adjusting the process target value based on the first             
          manufacturing metric distribution.                                          
          The examiner relies on the following reference:                             
          Simmons                       6,265,232          July 24, 2001              
          (filed Aug. 21, 1998)                                                       
          Claims 1-48 stand rejected under 35 U.S.C. § 112, first                     
          paragraph, as failing to comply with the written description                
          requirement.  Claims 1-48 also stand rejected under 35 U.S.C.               
          § 112, second paragraph, for failing to particularly point out              

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