Appeal No. 1998-0526
Application 08/395,335
the activity monitor of Georgiou does not measure anything
whether it is idle time, activity time, temperature or
utilization percentage [id., page 12]. The examiner points to
several portions of Georgiou to support his position that CPU
activity is measured, and the
examiner points to the monitoring of heat buildup in
Georgiou’s chip as meeting the temperature measurement of the
claims [answer, pages 5-6]. Appellant responds that the
estimate of heat buildup in Georgiou is not the same as a
measurement of temperature of the CPU as claimed [reply
brief].
Although we agree with the examiner that Georgiou does
disclose the broad function of measuring the relative idle
time of its CPU, we agree with appellant that there is no
disclosure in Georgiou of measuring the temperature associated
with the CPU. The system of Georgiou operates on the
assumption that only the commodity of heat dissipation is
relevant. In other words, one could change the temperature of
the environment in Georgiou, and it would have no effect on
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