Ex parte GEPHARDT et al. - Page 7




              Appeal No. 1997-0416                                                                                       
              Application No. 08/125,406                                                                                 


                                           CLAIMS 5, 6, 9-13, 19 AND 20.                                                 

                     With respect to claim 9, Appellants argue that Smith does not remedy the                            
              deficiency in the above combination.  (See brief at pages 10-11.)  We agree with                           
              appellants.  Again, the examiner is brief in his discussion of and citations to the applied                
              prior art  teachings of Smith.  (See answer at page 6.)  From our review of Smith, Smith is                
              concerned with power management which is controlled by the CPU 12 and power                                
              manager (PMGR) 11.  We find no disclosure in Smith which teaches or suggests that the                      
              peripherals request that the peripheral bus clock be restarted.  Smith generally discloses                 
              three modes of operation of the computer 10 and monitoring by the PMGR.  (See Smith at                     
              columns 7 and 8.)  Smith discloses that the PMGR monitors lines 37 such that any input                     
              from the I/O controller will wake the computer from the sleep state.  (See Smith at column                 
              8, lines 21-23.)  Clearly, Smith does not disclose the I/O transmitting a request to wake the              
              computer, but rather that the computer monitors to determine when to stop and restart                      
              power or clocks within the system using switches 26 and clock control 27 to wake and                       
              resume operation.  Therefore, Smith does not remedy the deficiency in the combination of                   
              the admitted prior art, Herrig and Murphy.  Hence, we cannot sustain the rejection of claim                
              9 and dependent claims 5, 6, 10-13, 19 and 20.                                                             






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