Ex Parte Cai - Page 11



         Appeal No. 2006-2707                                                       
         Application No. 09/749,792                                                 
         down to a rate that can reduce the amount of power dissipated in           
         the processor.                                                             
              It is our view that one of ordinary skill in the art would            
         have duly recognized that Georgiou’s teaching of a clock selector          
         that selects a reduced clock frequency in response to an                   
         indication that the processor is overheating amounts to the                
         claimed limitation of a PDL input that determines the rate of              
         reduction of a temperature-related frequency. The ordinarily               
         skilled artisan would have readily been apprised of the fact that          
         by selecting a reduced clock frequency to prevent further power            
         dissipation in the processor, the frequency selector disclosed in          
         Georgiou must necessarily select a reduced frequency rate that is          
         capable of reducing the temperature of the processor.                      
              As to McDermott, his teaching of determining the rate of              
         change for advancing or retarding the output frequency is limited          
         to improving the performance of a PLL circuit, notwithstanding             
         the temperature of the processors used such inter-chip                     
         communications.  We find, however, that the Examiner’s reliance            
         upon McDermott for the cited teaching was cumulative since                 
         Georgiou discloses such teaching.  It is our view that since               
         Georgiou teaches a performance demanding level input for                   
         determining the rate of reduction of the temperature-related               

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