Ex Parte Powell et al - Page 19


                   Appeal No. 2006-1595                                                                                            
                   Application No. 09/798,484                                                                                      


                   determines which functions should be in C and Verilog respectively on Page 5 of                                 
                   Burgoon reasonably correspond to the third logic limitation.  Significantly, the                                
                   claimed third logic limitation requires that the logic identify connections within the                          
                   source code model to enable or disable [emphasis added].  Setting interface                                     
                   pointers and calling initialization functions after the controller determines which                             
                   functions should be in C and Verilog respectively in Burgoon does not reasonably                                
                   teach nor suggest identifying connections within the source code model to enable                                
                   or disable as claimed.  For at least this reason, we will not sustain the examiner’s                            
                   obviousness rejection.                                                                                          
                          Furthermore, the secondary reference, Parson, discloses a simulation                                     
                   model using object-oriented programming that, among other things, includes a                                    
                   C++ model constructor that creates a C++ model object hierarchy that is                                         
                   isomorphic to a corresponding hierarchical netlist structure [Parson, col. 7, lines                             
                   37-43].  Although Parson pertains to simulation modeling that incorporates the                                  
                   basic structure and notation as netlist languages, ultimately the model is an                                   
                   object-oriented program with aspects that are structurally equivalent to netlist                                
                   languages [see, e.g., Parson, col. 3, lines 52-58].  Although Parson does teach                                 
                   maintaining subcircuit representation hierarchy as the examiner indicates, we                                   
                   see no reason why the skilled artisan would combine the isolated teachings of                                   
                   the object-oriented program of Parson with the mixed-language simulation of                                     
                   Burgoon.  In short, we find no reasonable rationale or motivation to combine the                                
                   references in the manner suggested by the examiner apart from hindsight                                         


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