Ex Parte Kavipurapu - Page 11


               Appeal 2007-1427                                                                             
               Application 09/826,240                                                                       
               claim 25 as being anticipated by Mittal for the same reasons set forth in the                
               Answer.                                                                                      
                                            Dependent claim 29                                              
                      We consider next the Examiner’s rejection of claim 29 as being                        
               anticipated by Mittal.                                                                       
                      Appellant notes that claim 29 additionally requires the determining                   
               step of claim 28 (from which claim 29 depends) to include aggregating a                      
               number of switching transitions associated with the node.  Appellant argues                  
               that it cannot be found where Mittal determines a number of switching                        
               transitions associated with a node (Br. 14).                                                 
                      In response, we note again that the frequency of switching transitions                
               in clock-driven digital circuits (e.g., a microprocessor) is determined by the               
               clock frequency (or a function of the clock frequency).  Mittal explicitly                   
               discloses dividing a system clock by two to implement a reduced-power                        
               mode (col. 8, ll. 29-32, Fig. 2).  Therefore, we find Mittal discloses the                   
               argued feature of determining a number of switching transitions associated                   
               with a node (i.e., by altering the clock frequency).                                         
                      We further find the argued feature of determining a number of                         
               switching transitions associated with a node is met by Mittal’s up/down                      
               counter that, in one embodiment, increments its contents by one during each                  
               clock cycle (i.e., switching cycle or switching transition) that the functional              
               unit (i.e., node) is active, as discussed supra (see also Mittal, col. 6, ll. 12-            
               19).  Thus, we agree that Mittal’s counter determines the number of                          
               switching transitions by counting. We find the counter value represents the                  
               aggregate number of switching transitions.  Therefore, we agree with the                     


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