Ex parte DISCHLER et al. - Page 7




                 Appeal No. 1997-3792                                                                                                                   
                 Application No. 08/321,334                                                                                                             

                 frequency value in accordance with the temperature (current or                                                                         
                 expected) of the microprocessor, i.e., in accordance with the                                                                          
                 heat management algorithm shown in Figures 5A and 5B or in                                                                             
                 Figure 7.  The fact that it is the maximum clock signal                                                                                
                 frequency value which is being adjusted implies that the                                                                               
                 adjustment is based on the temperature of the CPU during only                                                                          
                 the busy periods, when the CPU is being operated at the                                                                                
                 maximum clock frequency and may experience an increase in                                                                              
                 temperature.  Therefore, the claim is inaccurate to state that                                                                         
                 the maximum clock frequency value is adjusted "in accordance                                                                           
                 with idle and busy operating conditions of the microprocessor"                                                                         
                 (emphasis added).  This "idle and busy" language, which was                                                                            
                 added to claim 1 by amendment,  lacks written description2                                                                                
                 support in the specification (including claims) as filed,                                                                              
                 which more generally calls for adjusting the maximum clock                                                                             
                 frequency value "in accordance with operating conditions of                                                                            
                 the central processor" (Abstract; Spec. at 6, lines 7-9; Spec.                                                                         
                 at 7, lines 18-21) or "in accordance with the operating                                                                                
                 conditions which the microprocessor is being exposed to"                                                                               
                 (Spec. at 12, lines 6-10).                                                                                                             

                          2Amendment received April 25, 1996 (paper No. 4).                                                                             
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