Appeal No. 1997-2057
Application No. 08/287,670
for example, when the functional circuit is not being used
(see column 7, lines 24-28).
As explained above, Takada applies a high voltage of 5
volts to the functional circuit only when running the
acceleration test. At such time, the voltage must remain
high, or rather cannot be reduced in accordance with the
teachings of Faucher. "[A] proposed modification [is]
inappropriate for an obviousness inquiry when the modification
render[s] the prior art reference inoperable for its intended
purpose. In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127
(Fed. Cir. 1984)." In re Fritch, 972 F.2d 1260, 1265-1266 n.
12, 23 USPQ2d 1780, 1783 n. 12 (Fed. Cir. 1992). During the
normal operating mode, the voltage is already low at around
3.5 volts. Consequently, in the normal operating mode, the
power does not need to be reduced in accordance with the
teachings of Faucher. Therefore, the skilled artisan would
not have found it obvious to combine Faucher's power
management with Takada's system. Although Bolan also
discusses power management, as set forth above it would not
have been obvious to practice power management with Takada's
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