Ex Parte Konaka - Page 2




               Appeal No. 2006-1215                                                                 Page 2                        
               Application No. 09/781,324                                                                                         
                                      determination of whether to maintain a processing ability                                   
                                      or lower the processing ability based on the available                                      
                                      electric power provided by the batteries.                                                   
                                      Pole uses a controller adapted to transition a component                                    
                                      from a first performance mode to a lower activity state in                                  
                                      response to a power management event. Pole discloses that                                   
                                      depending on the desired power consumption, the system                                      
                                      may be set to one of multiple performance states. For                                       
                                      example, if the system is powered by a battery, the system                                  
                                      is placed in a lower performance state to conserve power.                                   
                                      Alternatively, if the system is powered by an AC                                            
                                      outlet, the system may be placed in a high performance                                      
                                      state in which additional heat dissipation devices may be                                   
                                      activated.                                                                                  
                                      Thus, Pole does not teach "a processing ability                                             
                                      determination section responsive to the removal                                             
                                      requirement for a battery from said removal requirement                                     
                                      receipt section to determine whether a supplying possible                                   
                                      electric power from the remaining batteries is an electric                                  
                                      power capable of maintaining a processing ability or                                        
                                      electric power which needs to lower the processing ability."                                
                                      Pole does not contemplate a situation where one or more of                                  
                                      a plurality of batteries is removed, while processing is                                    
                                      carried on with the remaining batteries [Request, page 2].                                  
                                                                                                                                 
                      The decision specifically addressed these arguments at page 8 wherein we stated                             
               the following:                                                                                                     
                                      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.                                                                         






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