Ex parte DISCHLER et al. - Page 11




          Appeal No. 1997-3792                                                        
          Application No. 08/321,334                                                  

               The Figure 5 embodiment is responsive to a temperature                 
          monitor 501 rather than a status line.                                      
               In each of the foregoing embodiments, the output trigger               
          signal generated in response to the counter determines (i.e.,               
          selects) whether the CPU clock will be changed to the lower                 
          speed or permitted to continue operatm 1's requirement for                  
          "means . . . for selecting a maximum clock ion at the higher                
          speed.  Thus, each embodiment satisfies claisignal frequency                
          value" (emphasis aded).  More particularly, in the embodiments              
          of Figures 1, 2a-2b, and 4 the CPU speed is selected in                     
          response to status signals not representing temperature,                    
          whereas in the Figure 5 embodiment the CPU speed is selected                
          in response to temperature.  However, none of these                         
          embodiments includes apparatus satisfying claim 1's additional              
          requirement for "means for adjusting the maximum clock signal               
          frequency value in accordance with . . . operating conditions               
          of the microprocessor" (emphasis added).  The examiner's                    
          position appears to be that this limitation reads on the same               
          circuitry that performs the selection function, i.e., the                   
          circuitry which determines whether the clock should be slowed               
          or permitted to continue to run at high speed.  We do not                   

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