Ex Parte Falbo et al - Page 8



          Appeal No. 2006-1686                                                          
          Application No. 10/040,055                                                    
          described and claimed by appellants.  Agrawal is concerned with               
          layout processing and uses a shape-based layout processing scheme             
          for IC layout modifications.                                                  
               When argued as such by appellants, the examiner’s only                   
          response is that the layout beautification method of the instant              
          invention is only in a “non-limiting preamble” (answer-page 5).               
          Thus, the examiner does not deny that Agrawal fails to disclose a             
          “layout beautification” method, as that term is described by                  
          appellants.  The examiner contends that the instant specification             
          does not distinguish such a “layout beautification” method from               
          optical proximity correction (OPC) modification and design rule               
          checking (DRC).  Accordingly, the examiner appears to equate                  
          Agrawal’s OPC and DRC operations with the claimed “layout                     
          beautification” operation.                                                    
               We disagree with the examiner.  While the specification                  
          could have been clearer in explaining, or defining, “layout                   
          beautification,” paragraphs [0003] through [0006] of the                      
          specification do describe how OPC and DRC are automated tools                 
          which have been used to perform various operations on an IC                   





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