Ex Parte Cai - Page 14



         Appeal No. 2006-2707                                                       
         Application No. 09/749,792                                                 
                   acceptable temperature TOK (i.e., an overheat                    
                   condition).  During the next cycle of clock                      
                   44, the clock arbiter 51 again latches in the                    
                   overheat signal from temperature sensing                         
                   circuit 49.  If the overheat signal is still                     
                   active, indicating that the overheat                             
                   condition still exists, then clock arbiter 51                    
                   assumes the down state as shown by path 77 in                    
                   FIG. 6, and activates the down output.                           
                   [Emphasis added].                                                
              Ko is concerned with managing the amount of power consumed            
         in a single chip data processing device.  Particularly, Ko                 
         teaches a temperature sensing circuit (49) that determines the             
         temperature of a processor and forwards an overheat signal to a            
         clock arbiter (51), which in turn activates a corresponding                
         output signal of the clock arbiter that selects a lower clock              
         frequency rate capable of reducing the amount of power dissipated          
         in the processor.  One of ordinary skill in art would have                 
         readily recognized that Ko’s teaching of reducing the clock                
         frequency in response to an indication of the processor being              
         overheated amounts to the claimed limitation of a PDL input that           
         determines a rate of reduction of the temperature-related                  
         frequency.  In addition, as noted in the discussion of claim 1             
         above, such limitation is also taught by Georgiou.  In                     
         consequence, we do not find error in the examiner’s stated                 
         position, which concludes that the combination of Ko, Georgiou             
         and McDermott teaches the claimed limitation of a performance              
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