Ex Parte DURHAM et al - Page 5




            Appeal No. 2000-0354                                                                       
            Application No. 08/682,471                                                                 


            integrated circuit structure as the functional unit itself as                              
            required by the preamble as well.                                                          
                  We are unpersuaded by appellants’ arguments as to the                                
            rejection of this claim beginning at page 3 of the brief.  The                             
            examiner does not rely upon Webster to teach the basic                                     
            requirements of the body of independent claim 1 of an energy                               
            sensing circuit and of the first circuit for controlling, as                               
            argued.  The examiner’s views as we understand them and as                                 
            clearly indicated by Bajorek itself, are found in this reference                           
            and not in Webster.  Appellants’ arguments in the brief never                              
            assert that Bajorek does not teach what the examiner asserts that                          
            it does teach, but instead appear to argue only that Webster does                          
            not teach features that the examiner does not assert are in this                           
            reference anyway.                                                                          
                  We do not sustain the rejection of the remaining claims on                           
            appeal because we are in general agreement with appellants’                                
            assertions with respect to them beginning at the bottom of page                            
            6 of the principal brief on appeal.  Dependent claims 2, 5, and                            
            independent claim 16, (as well as independent claim 7, though not                          
            argued by appellants) all require placement of the functional                              
            unit in a low power mode when the measured or estimated energy                             
            dissipation of the functional unit exceeds a predetermined value.                          

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