Ex Parte Konaka - Page 1




                                    The opinion in support of the decision being entered today was not                            
                                     written for publication and is not binding precedent of the Board.                           

                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                        ______________                                                            
                                       BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                    AND INTERFERENCES                                                             
                                                       _______________                                                            
                                                 Ex parte YOSUKE KONAKA                                                           
                                                       _______________                                                            
                                                     Appeal No. 2006-1215                                                         
                                                  Application No. 09/781,324                                                      
                                                       _______________                                                            
                                                    HEARD: MAY 11, 2006                                                           
                                                       _______________                                                            
               Before MARTIN, JERRY SMITH, and BARRY, Administrative Patent Judges.                                               
               JERRY SMITH, Administrative Patent Judge.                                                                          
                                                                                                                                 
                                              ON REQUEST FOR REHEARING                                                            
                      Appellant requests that we reconsider our decision of June 7, 2006 wherein we sustained                     
               the rejection of claims 1-42 as being unpatentable under 35 U.S.C. § 103.                                          
                      We have reconsidered our decision of June 7, 2006 in light of appellant’s comments in                       
               the Request for Rehearing, and we find no error therein.  We, therefore, decline to make any                       
               changes in our prior decision for the reasons which follow.                                                        
                      Appellant’s Request for Rehearing makes the following arguments:                                            
                                      However, Takizawa and Pole, either alone or in                                              
                                      combination, do not teach or suggest a processing ability                                   
                                      determination section to determine whether the power                                        
                                      supplied from the remaining batteries is an electric power                                  
                                      which needs to lower the processing ability as set forth in                                 
                                      claim 1, for example.                                                                       
                                      Takizawa determines whether one of a plurality of battery                                   
                                      packs provides a sufficient voltage. There is no                                            






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