Ex parte EVOY et al. - Page 3




              Appeal No. 1997-3156                                                                                       
              Application No. 08/372,423                                                                                 


                     Claims 24, 26, 28-30 and 32 stand rejected under 35 U.S.C. § 103 as                                 
              unpatentable over Swapp.                                                                                   
                     Reference is made to the briefs and answer for the respective positions of                          
              appellants and the examiner.                                                                               
                                                       OPINION                                                           
                     We reverse.                                                                                         
                     We have reviewed the evidence before us including, inter alia, the arguments of                     
              appellants and the examiner and we agree with appellants that the instant claimed subject                  
              matter would not have been obvious, within the meaning of 35 U.S.C.  § 103, based on the                   
              evidence provided by Swapp.                                                                                
                     Each of the independent claims requires, inter alia, the monitoring of the core                     
              temperature of an integrated circuit and a control for changing the operating frequency of                 
              the integrated circuit when a voltage level of an integrated signal indicates that a phase                 
              delay between an output signal on an output pin of the integrated circuit and a clock signal               
              is longer than a predetermined value.                                                                      
                     Although Swapp mentions nothing about monitoring core temperature of an                             
              integrated circuit, the examiner contends that Swapp can be used for determining                           
              temperature changes because propagation delays are known to be caused by                                   
              temperature changes and Swapp measures propagation delays.  Appellants argue that                          


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