Ex Parte De Lorenzo et al - Page 9




         Appeal No. 2006-1056                                                       
         Application No. 10/606,514                                                 
                                                                                   
         Moreover, as explained by the examiner, the prediction of a                
         temperature (i.e., a temperature estimate) may be “calculated” by          
         summing the power dissipated by I/O devices.  While power                  
         dissipation, per se, is not equivalent to temperature, even                
         appellants admit (principal brief-page 4) that the temperature of          
         Nizar’s device “has some relationship to the sum of the power              
         dissipation.”  Although appellants argue that power dissipation            
         is not “identical” (principal brief-page 4) to device                      
         temperature, since the temperature is proportional to, or rather           
         has a predetermined relationship to, the power dissipation, the            
         calculation of power dissipation, which Nizar clearly suggests,            
         is also a determination, or “calculation” of a temperature                 
         estimate, as claimed.                                                      
              Appellants argue that Nizar fails to describe controlling             
         access to the device using the “predicted temperature.”  However,          
         since throttling is applied, based on the calculation of power             
         dissipation, and power dissipation is directly related to                  
         temperature of the device, and throttling controls the access to           
         the device, e.g., by reducing activity, Nizar does, indeed,                
         control access to the device using the “predicted temperature.”            







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