Ex parte ATKINSON - Page 4




          Appeal No. 1996-0347                                                        
          Application No. 08/166,609                                                  


               The examiner applies Intel for the teaching of a                       
          processor, a memory coupled thereto, production of a clock                  
          signal and the adjustment of a frequency.  The teaching of a                
          frequency adjustment is taken from page 14-15 of the                        
          reference, wherein it is stated, “In CMOS devices power                     
          consumption is closely related to clock speed.  In a typical                
          CMOS system fifty to seventy percent of the system power can                
          be controlled by adjusting the clock speed.”                                
               The examiner recognizes that Intel does not teach a                    
          counter for counting a number of computer events and, so,                   
          turns to secondary references, Juzswik and Branson to supply                
          such a teaching.                                                            
               With regard to the first rejection of claims 1 through 22              
          under 35 U.S.C. 103, the examiner relies on Intel in view of                
          Juzswik.  However, while the examiner relies on Juzswik for                 
          teaching the counting of a number of events and means coupled               
          to the counter for reading the number of events, Juzswik                    
          clearly does not count any events indicative of computer                    
          activity.  Juzswik is directed to power conservation and                    
          switches between a sleep mode and an active mode.  However,                 
          the clock in Juzswik appears to count a time period, the                    
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