Ex Parte Frank et al - Page 4


               Appeal 2006-3123                                                                             
               Application 10/368,789                                                                       
                                                OPINION                                                     
                      We have carefully considered the subject matter on appeal, the                        
               rejection advanced by the Examiner and the evidence of anticipation relied                   
               upon by the Examiner as support for the rejection.  We have, likewise,                       
               reviewed and taken into consideration, in reaching our decision, the                         
               Appellants’ arguments set forth in the Briefs along with the Examiner’s                      
               rationale in support of the rejection and arguments in rebuttal set forth in the             
               Examiner’s Answer.                                                                           
                      It is our view, after consideration of the record before us, that the                 
               evidence relied upon supports the Examiner’s rejection of claims 1, 2, 16,                   
               17, 20, and 21, but does not support the Examiner’s rejection of claims 3-6,                 
               8-10, and 19.  Accordingly, we affirm-in-part.                                               

                                        GROUPING OF CLAIMS                                                  
                      We consider separately the anticipation of each claim on appeal, as                   
               designated under separate subheadings and argued separately by Appellants                    
               in the Briefs.                                                                               
                                                  Claim 1                                                   
                      Appellants argue that Yu does not disclose formulating one or more                    
               via sufficiency rules as required by step (a) of claim 1 (emphasis added).                   
               Appellants contend that Yu merely discloses a via analysis specific to an                    
               ASIC power design (emphasis added).  Appellants further assert that Yu                       
               fails to disclose via checking for layers of a package design, and therefore                 
               cannot anticipate claim 1 (Br. 10).                                                          



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