Ex Parte De Lorenzo et al - Page 8




         Appeal No. 2006-1056                                                       
         Application No. 10/606,514                                                 
                                                                                   
         because a determination that this calculated temperature estimate          
         is approaching or has exceeded the thermal specification causes a          
         transition to the throttle state, i.e., access is slowed down, or          
         “controlled.”                                                              
              Thus, in our view, all of the limitations of instant claim 1          
         are met by Nizar.                                                          
              Alternatively, as cited by the examiner, columns 11-12 of             
         Nizar describe the prediction (i.e., “estimate”) temperature of            
         the device by “summing” the power dissipated by various I/O                
         interfaces and then, based on calculations, it may be determined           
         that when a certain access speed is exceeded, the device                   
         temperature limits are reached.                                            
              Appellants argue that a statement in the reference that               
         “package and die temperatures can be predicted” (column 11, line           
         55) does not describe any actual calculation of a temperature              
         estimate (principal brief-page 3).  However, the claimed                   
         “calculate a temperature estimate” is very broad, in that a                
         “determination” of a temperature may also be a calculation.                
         Thus, the determination of a temperature at column 3, lines                
         10-15, of Nizar may be a calculation of a temperature estimate.            







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