Ex Parte Konaka - Page 3




               Appeal No. 2006-1215                                                                 Page 3                        
               Application No. 09/781,324                                                                                         
               Thus, appellant’s bare statement in the Request for Rehearing that Takizawa fails to determine whether             
               to maintain a processing ability or lower the processing ability based on the available electric power             
               provided by the batteries is clearly contradicted by the teachings of Takizawa as discussed in the                 
               original decision.  As also discussed in the decision, although Takizawa chooses between maintaining               
               power and turning the power off, Pole teaches that a lower power mode can be selected rather than                  
               turning the power completely off.  Thus, appellant’s arguments in the Request for Rehearing fail to                
               persuade us of error in the original decision.  Appellant’s mere citation of several cases at the end of the       
               Request for Rehearing fails to explain how the original decision in this case is incorrect based on any of         
               the cited cases.                                                                                                   
                      We have carefully considered the arguments raised by appellant in the Request for                           
               Rehearing, but we can find no errors in our original decision.  We are still of the view that the                  
               invention set forth in claims 1-42 is unpatentable under 35 U.S.C. § 103 for the reasons                           
               discussed in the original decision.                                                                                
                      We have granted appellant’s request to the extent that we have reconsidered our decision                    
               of June 7, 2006, but we deny the request with respect to making any changes therein.                               
























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