Ex Parte Konaka - Page 7



          Appeal No. 2006-1215                                                        
          Application No. 09/781,324                                                  

          is insufficient power to operate the device.  The examiner notes            
          that Pole also teaches a processing ability determination section           
          that lowers the processing ability of the device while                      
          maintaining the device in an operable condition.  The examiner              
          also responds that the combination of the reference teachings is            
          not based on hindsight because Pole suggests to the artisan that            
          the life of the batteries can be lengthened by switching to a               
          lower performance state during low usage [answer, pages 13-15].             
          Appellant responds that although Takizawa determines whether                
          one of a plurality of battery packs provides a sufficient                   
          voltage, there is no determination of whether to maintain a                 
          processing ability or lower the processing ability based on the             
          available electric power provided by the batteries.  Appellant              
          also responds that although Pole teaches that depending on the              
          desired power consumption, the system may be set to one of                  
          multiple performance states, it does not teach the claimed                  
          processing ability determination section.  Finally, appellant               
          argues that the cited portion of Pole would not have led the                
          artisan to combine the teachings of Takizawa and Pole to achieve            
          the claimed invention [reply brief, pages 1-4].                             


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