Appeal 2007-1878
Application 09/955,683
number of operating power supplies as required by claim 12. The servers
and the respective CPUs are controlled or optimized, yet the number of
power supplies is not adjusted. Since we did not sustain the rejection of
independent claim 12, we also reverse the rejection of its dependent claims
13 through 21.
Lastly, in considering the subject matter of independent claim 22 on
appeal, because we do not sustain the rejection of independent claim 12, we
agree with Appellants’ urging that the requirement of claim 22 of adjusting
the number of power supplies to satisfy a predicted change in processing
resources is not met. Although there is some teaching value at column 32,
lines 28 through 32 and the bottom of column 67 that is noted by the
Examiner relating to predicted future loading capability, the feature of
adjusting the number of power supplies as urged at pages 4 and 5 of the
Reply Brief is not taught in Fung. Because claim 22 requires scaling the
processing resources (where Specification page 6 indicates that scaling
indicates a change in the number of processing resources), the claim
necessarily requires a corresponding scaling or adjusting the number of
power supplies to met such a processing resource change. Since, we do not
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