Appeal No. 1999-2052
Application No. 08/572,202
rate at which the CPU can operate, as in the sleep mode. Regarding
claim 27, an artisan would have obviously recognized that if the
clocks for the CPUs are completely stopped, the clock rate would be
at zero.
With respect to items 12, 13 and 14 (claims 55, 56 and 58
respectively, rehearing request at pages 27-32), we again give
Appellant the benefit of the conclusory statements as a substitute
for substantive arguments. We find, in addition to our prior
pointing out that Kenny does measure the temperature by
a thermostat or a diode, that Kenny also teaches the periodic
measurement of the temperature in the integrated circuit, (see
column 1, line 65 - column 2 line 2, where the temperature
measurement is disclosed to be made as a function of time, clearly
implying that the temperature measurement is done on a periodic
basis).
Regarding items 15, 16 and 17 (claims 59, 60 and 62, request
rehearing request at pages 32-38), each claim has the limitation,
“the frequency of said temperatures sensing changes as said
temperature reaches pre selected threshold values”. We agree with
Appellant’s argument (id.) that the combination of Smith, Kikinis
and Kenny does not teach this limitation. Therefore, we modify our
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