Ex parte ATKINSON - Page 8




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


          U.S.C. 102(b) based on Branson since independent claims 7 and               
          19 also require the adjustment of clocking frequency based on               
          a counted number of events indicative of the activity level of              
          the computer system during a preset period [claim 7] or of the              
          counted number of main memory cycles [claim 19].  The                       
          rejection of dependent claims 11 and 12 under 35 U.S.C. 103                 
          based on Branson and Intel will fall with the rejection under               
          35 U.S.C. 102(b) since Intel does not provide for the                       
          deficiencies of Branson.                                                    
               We have not sustained the rejection of claims 7 through                
          10 and 19 through 22 under 35 U.S.C. 102(b) or the rejections               
          of claims 1 through 22 under 35 U.S.C. 103.                                 
















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