Appeal No. 1999-2052
Application No. 08/572,202
Kikinis and Kenny that the heat build up affects the operation of a
CPU, would have found an obvious matter to operate the CPU at its
optimum condition by controlling the result effective variables
including the activity level and the temperature build up in the
CPU. This accords with the rule that discovery of an optimum value
of a result effective variable in a known process is ordinarily
within the skill of the art. In re Antonie, 559 F.2d 618, 195 USPQ
6 (CCPA 1977); In re Aller, 42 CCPA 824, 220 F.2d 454, 105 USPQ 233
(CCPA 1955).
Regarding item 11 (claims 24, 25, 26 and 27, rehearing request
at page 25), we give Appellant the benefit of the conclusory
statements as being the substantive arguments. We find that
because the combination of Smith, Kikinas and Kenny teaches the
build up of heat and hence the rising of the temperature as the
clock pulse or the power is modulated in a integrated circuit
(CPU), it would have been obvious to an artisan that when the off
state (absence of power or clock pulses to the CPU) is at zero, the
power build up or the heat build up in the CPU would be maximum
(claim 24), and that power consumption in the CPU would decrease as
the duration of the off state increases (claim 25). Regarding
claim 26, Smith teaches or discloses the concept of minimum clock
7
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