Ex Parte Kavipurapu - Page 15


               Appeal 2007-1427                                                                             
               Application 09/826,240                                                                       
                      We have found supra that Mittal discloses reconfiguring a                             
               reconfigurable circuit (see discussion of claims 21 and 28).  We further find                
               that Mittal discloses dynamically controlling the power utilization of a                     
               circuit by reconfiguring the circuit since Mittal explicitly discloses dividing              
               a system clock by two to implement a reduced-power mode (col. 8, ll. 29-32,                  
               Fig. 2).  Thus, we find Mittal teaches altering a power characteristic based                 
               on a comparison between a transition rate (i.e., clock rate or frequency) and                
               a predetermined operating range (e.g., a 1x clock frequency vs. a divide-by-                 
               two clock frequency).                                                                        
                      With respect to the issue of motivation, the Examiner has                             
               acknowledged that Mittal does not disclose the reconfigurable circuit                        
               comprises a monitored circuit with a delay element and a multiplier (see                     
               Answer 5-6).  The Examiner asserts in the Answer that it would have been                     
               obvious to an artisan to combine such well known elements (i.e., a delay                     
               element and a multiplier) with the teachings of Mittal (id.).                                
                      After carefully reviewing the evidence before us, we find Appellant                   
               has failed to traverse the Examiner’s conclusion that a person of ordinary                   
               skill in the art would have been motivated to combine a delay element and a                  
               multiplier with the teachings of Mittal (id.).  Thus, we find Appellant has not              
               met the burden of coming forward with evidence or argument to rebut the                      
               Examiner’s legal conclusion of obviousness.  Because we find the Examiner                    
               has met the burden of presenting a prima facie case of obviousness, we will                  
               sustain the Examiner’s rejection of independent claim 34 as being                            
               unpatentable over Mittal.                                                                    



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