Ex Parte Nightingale et al - Page 6


                Appeal 2007-2701                                                                              
                Application 10/079,811                                                                        
                system must be able to simulate the individual modeled software and                           
                hardware components of the DUT.  The Examiner finds that to perform co-                       
                verification, Hollander creates a hardware model where the external                           
                software (which is not actual code as alleged by the Appellants, but is the                   
                modeled embedded logic of the DUT) is run on the hardware model.  Thus,                       
                the Examiner concludes that Hollander teaches modeled hardware and                            
                software components are simulated (Answer 9).                                                 
                      In the Reply Brief, Appellants contend that the Examiner                                
                misunderstands Hollander.  Appellants argue that the simulation of the DUT                    
                as a unit is not necessarily the same as the simulation of individual software                
                and hardware components and their interactions in order to identify problem                   
                sources and causes (Reply Br. 1).  Appellants point out that the only                         
                structure being tested in Hollander’s Fig. 1 is the single DUT 38.  Thus,                     
                Appellants conclude that Hollander does not teach modeling and testing                        
                individual components and their interoperability (Reply Br. 2, ¶3).                           
                      After carefully considering the record before us, we find the weight of                 
                the evidence supports the Appellants’ position.  We begin our analysis by                     
                noting that Hollander provides a method and apparatus for functionally                        
                verifying an integrated circuit design (i.e., a device under test or DUT)(col.                
                4, ll. 44-45; see also col. 6, ll. 12-15).  While Hollander does verify systems               
                that may include embedded software (col. 4, l. 49), we nevertheless find the                  
                thrust of Hollander’s test generation system is directed to using various                     
                Hardware Description Languages (HDLs) to construct and customize                              
                verification tests as necessary to “simulate and observe a model of a                         
                hardware device.”  (col. 4, ll. 58-62).                                                       


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