Ex Parte JANSSEN et al - Page 3




              Appeal No. 1998-1792                                                                  Page 3                 
              Application No. 08/453,217                                                                                   

                            11. A method of controlling power supplied from a battery having a                             
                     battery voltage to a portable electronic device, the method comprising the                            
                     steps of:                                                                                             
                            regulating the battery voltage using a boost regulator and providing                           
                     a regulator output signal;                                                                            
                            generating an internal reference signal from the regulator output                              
                     signal for use within the portable electronic device;                                                 
                            digitizing the battery voltage using the internal reference signal and                         
                     providing a digitized battery voltage signal;                                                         
                            comparing the digitized battery voltage signal to a software                                   
                     undervoltage threshold; and                                                                           
                            selectively powering-off the portable electronic device in response                            
                     to the step of comparing.                                                                             


                     Claims 11 and 16 stand rejected under 35 U.S.C. § 102(b) as anticipated by U.S.                       
              Patent No. 5,265,271 (“Marko”).  Claims 1, 6, 20, and 25 stand rejected under 35                             
              U.S.C. § 103(a) as obvious over Marko.                                                                       


                                                        OPINION                                                            
                     At the outset, we recall that claims that are not argued separately stand or fall                     
              together.  In re Kaslow, 707 F.2d 1366, 1376, 217 USPQ 1089, 1096 (Fed. Cir. 1983)                           
              (citing In re Burckel, 592 F.2d 1175, 201 USPQ 67 (CCPA 1979)).  Here, the appellants                        
              stipulate, “[a]ll the pending claims stand or fall together.”  (Appeal Br. at 2.)  Therefore,                
              claim 16 stands or falls with representative claim 11, and claims 6, 20, and 25 stand or                     








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