Ex Parte Falbo et al - Page 9



          Appeal No. 2006-1686                                                          
          Application No. 10/040,055                                                    
          layout, but that while these tools enable the accurate creation               
          of IC layouts, the rules embodied in these tools may result in                
          “layout imperfections.”  Thus, while the results of the automated             
          tools may be electrically correct and optically correct, the                  
          polygons that make up the actual IC layout might include                      
          unintended irregularities, or “layout imperfections” which may                
          adversely affect layout printability or device performance.  The              
          specification also explains how “layout beautification” is a                  
          technique for detecting and correcting such layout imperfections.             
               Thus, it does appear to us that the instant specification                
          does, in fact, at least distinguish “layout beautification” (a                
          technique for detecting and correcting layout imperfections) from             
          OPC and DRC (automated tools used to perform various operations               
          on an IC layout to accurately create the IC layouts).  With this              
          distinction in mind, while it is clear that Agrawal describes OPC             
          and DRC tools, it is not clear to us that Agrawal describes the               
          claimed layout beautification and layout imperfections.                       







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