Ex Parte Falbo et al - Page 10



          Appeal No. 2006-1686                                                          
          Application No. 10/040,055                                                    
               We also disagree with the examiner’s attempt to disassociate             
          the claim preamble from the body of the claim.  The performance               
          of “layout beautification” is recited in the preamble of claim                
          11, but this operation clearly relates to the configuration of                
          the first shape “to match a first type of layout imperfection”                
          recited at lines 9-10 of the claim.                                           
               Since Agrawal fails to describe any “layout imperfections”               
          and/or “layout beautification,” as described and claimed by                   
          appellants, and the examiner has not convinced us of any                      
          equivalents in Agrawal to these recited features, we will not                 
          sustain the rejection of claim 11 under 35 U.S.C. § 102(e).                   
               We also will not sustain the rejection of claims 33, 37, 38,             
          39-43, 55-64, 72-90, and 96-99 under 35 U.S.C. § 102(e) as these              
          claims also recite a layout beautification technique.                         
               Claims 65-71 and 91-95 do not recite a layout beautification             
          technique explicitly, but they do recite the correction of layout             
          imperfections and describe how corrective action to the layout is             







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