Ex Parte BAEZ - Page 3

                Appeal 2007-2016                                                                             
                Application 09/148,392                                                                       


                                                   ISSUE                                                     
                      Appellant contends that Jyu’s transistor autosizing requires selecting                 
                an entire circuit and does not disclose 1) design points on a parameter                      
                function; 2) a parameter function having a first sum of a constraint set and a               
                second sum of an optimizing set; 3) selecting the initial design points; and 4)              
                selecting the new design points, as recited in the claims (Reply Br. 9-10).                  
                The Examiner asserts that the portions of Jyu relied on in the rejection “are                
                all directed to analysis and improving the design using power and delay as                   
                the constraining factors with scaling up and down based on costing function                  
                responsive to changes in delay and/or power to yield an improved circuit”                    
                (Suppl. Answer 17).  The Examiner further argues that Appellant is using                     
                well known technologies and methodologies to affect designs within a                         
                circuit framework (id.).                                                                     
                      The issue, therefore, is whether the Examiner erred in rejecting the                   
                claims under 35 U.S.C. § 102(e).  The issue specifically turns on whether                    
                Jyu anticipates Appellant’s claimed invention by disclosing “selecting initial               
                design points on the parameter functions having a first sum of the constraint                
                set and a second sum of the optimizing set such that the first sum satisfies                 
                the design constraints,” as recited in claim 1.                                              

                                           FINDINGS OF FACT                                                  
                      The following findings of fact (FF) are relevant to the issue involved                 
                in the appeal and are believed to be supported by a preponderance of the                     
                evidence.                                                                                    


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