Ex Parte De Lorenzo et al - Page 6




         Appeal No. 2006-1056                                                       
         Application No. 10/606,514                                                 
                                                                                   
         that Nizar controls the temperature of a device by comparing               
         access rates and that this is different from the instant                   
         invention wherein a temperature is calculated and access to a              
         device is controlled in accordance with the calculated                     
         temperature.                                                               
              However, Nizar describes several different embodiments.               
         The process of “throttling” is described at column 2, lines                
         14-19, of Nizar, as well as in paragraph [0003] of the instant             
         specification.  A “throttling” function occurs when an access              
         rate causes excessive temperatures.  When this occurs, the access          
         rate is slowed down, or activity level is reduced (or                      
         “throttled”) for a period of time in order to guarantee that a             
         component’s thermal specification is not exceeded.                         
              In one embodiment, Nizar describes a monitoring of the                
         temperature of the device by the throttling logic.  If the device          
         is approaching its thermal specification, the throttling logic             
         transitions to the throttle state (see column 3, lines 10-15, of           
         Nizar).                                                                    











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