Ex Parte DURHAM et al - Page 2




            Appeal No. 2000-0354                                                                       
            Application No. 08/682,471                                                                 


                        a first circuit fabricated on the integrated circuit                           
                  for controlling operation of the functional unit in response                         
                  to the measured or estimated energy dissipation of the                               
                  functional unit.                                                                     
                  The following references are relied on by the examiner:                              
            Bajorek et al. (Bajorek)        5,452,277           Sep. 19, 1995                          
            Webster et al. (Webster)        5,504,909             Apr.  2, 1996                        
                  Claims 1 through 20 stand rejected under 35 U.S.C. § 103.                            
            As evidence of obviousness, the examiner relies upon Bajorek in                            
            view of Webster.                                                                           
                  Rather than repeat the positions of the appellants and the                           
            examiner, reference is made to the briefs and the answer for the                           
            respective details thereof.                                                                
                                               OPINION                                                 
                  As will be apparent from the following discussion, we                                
            sustain only the rejection of independent claim 1 and reverse the                          
            rejection of the remaining claims, 2 through 20, on appeal.                                
                  Although Bajorek’s system is, according to the title,                                
            directed to an adaptive system for optimizing disk drive power                             
            consumption, significant teachings and suggestions exist in the                            
            background discussion at columns 1 through 3 of this reference                             
            leading us to conclude the propriety of the combinability of                               
            Bajorek and Webster within 35 U.S.C. § 103.  The environment of                            
            discussion begins in the initial paragraphs of Bajorek at column                           

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