Ex parte ATKINSON - Page 5




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


          number of pulses provided by an oscillator.  The frequency of               
          the clock in Juzswik is not adjusted, as in the instant                     
          claimed invention.  As pointed out by appellant, at page 8 of               
          the principal brief, Juzswik does not count events from the                 
          processor but, rather, the timer therein sends interrupts to                
          the processor.                                                              
               Moreover, in response to appellant’s argument that                     
          Juzswik does not adjust the frequency of the clock, the                     
          examiner states that it is Intel which provides this teaching.              
          However, if Juzswik does not provide for an adjustment of                   
          clock frequency and Intel does not recognize a need to count                
          computer events, even assuming, arguendo, that the examiner’s               
          observations regarding these references are correct, there                  
          would appear to be no motivation for combining the teachings                
          of the references since the skilled artisan would have been                 
          led by nothing in the applied references to modify Intel by                 
          providing for clock frequency adjustment therein based on a                 
          count of computer events, as claimed.                                       
               Therefore, we will not sustain the rejection of claims 1               
          through 22 under 35 U.S.C. 103 based on Intel and Juzswik.                  


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