Appeal No. 2006-1056 Application No. 10/606,514 access request is found in either column 3, lines 10-15, of Nizar, describing the monitoring of temperature and determining that the temperature is approaching the thermal specification, or the “summing” of dissipated power, such dissipated being proportional to the temperature estimate, for the reasons supra, with regard to the independent claims. Nizar clearly teaches determining if a temperature estimate exceeds a temperature threshold. See column 3, lines 10-15, where Nizar describes monitoring the temperature of the device to determine if it is approaching, or is “outside” (e.g., exceeds) its thermal specification. If the temperature estimate exceeds the thermal specification in Nizar, then a throttle state for reducing access is initiated, i.e., an access request budget is imposed. Thus, we find that Nizar does describe each and every element of claims 2, 14, and 26, and we will sustain the rejection of these claims under 35 U.S.C. § 102(e). With regard to claims 3, 15, and 27, these claims recite the processing of the access request without an access request budget if the temperature estimate does not exceed the temperature threshold. 11Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007