Ex Parte 5872952 et al - Page 29




              Appeal No. 2005-2512                                                                                         
              Reexamination Control No. 90/006,431                                                                         

              respectively, of the ‘952 patent.  Had Ho intended to credit himself and Tuan with the                       
              invention of ChipViewer per se, his paragraph 4 and 5 testimony should have asserted                         
              that to the extent the RailMill documents describe RailMill and ChipViewer, they                             
              describe an embodiment of their invention.  Appellant is therefore incorrect to                              
              characterize Ho’s testimony as establishing that Ho and Tuan invented “both                                  
              ChipViewer and ChipViewer integrated with RailMill,” R.Br. 14, and to assert that ”the                       
              inventors herein are responsible for ChipViewer.”  Br. 12.  Moreover, as explained                           
              below, that position appears be contrary to other evidence of record, including the                          
              Arcadia Manual.                                                                                              
                     We will first, however, consider Ho’s testimony vis-á-vis the RailMill documents.                     
              We begin by noting it is evident from the details given in the RailMill documents that                       
              they are directed to the same power net simulation engine, associated transistor                             
              network simulation engine, and use of ChipViewer to display the output of the power net                      
              simulation engine that are disclosed and claimed the ‘952 patent.  For example, the                          
              RailMill Tutorial discusses the steps of (a) converting the Dracula database to Arcadia                      
              (see p. S0059876), (b) performing RC extraction (S00569880), (c) creating a power net                        
              netlist (S0059881), and (d) running the RailMill simulations to obtain images                                
              representing electromigration, voltage drop, and power grids (S0059882-85).21  Also,                         
              the “ShowSim” software discussed at pages S0059883-85 of the RailMill Tutorial                               
                                                                                                                          
                     21  The RailMill Tutorial also explains that all of these functions are controlled                    
              using ChipViewer.                                                                                            

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