Failure to disclose algorithm renders claim indefinite, or in the alternative, not enabled -- BPAI


In Ex parte Rodriguez et al., Appeal 2008-000693, Oct. 1, 2009, the Board of Patent Appeals and Interferences (BPAI) reviewed final rejections by an Examiner to a patent application relating to a first, apparatus, a method, and a computer readable medium to (a) generate a random system configuration file of a structurally variable and complex system; (b) build a system level netlist in response to the random system configuration file; (c) verify the structurally variable and complex system in response to the system level netlist; and (d) provide automatic random verification of the system in response to the random system configuration file. The Examiner had found each of the limitations in the pending claims was described in a prior art application. The BPAI overturned the Examiner's rejection but raised new, non-final grounds for rejection in this precedential opinion.

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