Ex Parte Konaka - Page 8



          Appeal No. 2006-1215                                                        
          Application No. 09/781,324                                                  

          We will sustain the examiner’s rejection of claims 1, 4, 7,                 
          9, 11, 13, 16, 18, 20, 22, 23, 25, 28, 30, 32, 34, 36, 38, 40 and           
          41 for essentially the reasons argued by the examiner in the                
          answer.  Takizawa clearly teaches a processing ability                      
          determination section responsive to the removal requirement for a           
          battery.  In Figure 6 for example, Takizawa teaches that when a             
          first battery is to be removed, a determination is made as to               
          whether the voltage of the other battery is sufficient to                   
          continue to operate the device (S56).  If the voltage of the                
          other battery is sufficient, then power to the device is switched           
          to the other battery (S60).  If the voltage of the other battery            
          is not sufficient to power the device, however, the device is               
          turned off (S62).  Thus, in our view, Takizawa teaches the                  
          invention of claim 1 except that Takizawa turns the device off              
          rather than keeping the device operative under a lower processing           
          ability.  Pole teaches that an electronic device may have                   
          multiple performance states based on the desired power                      
          consumption of the device [column 2, lines 4-6].  Pole also                 
          teaches that one of the events that may trigger a transition from           
          a first power mode to a second lower power mode is a change in              
          the power source used by the device.  Thus, Pole teaches changing           

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