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TPS65987D: tps65987 Patch not compatible with this version of ROM while in config 2

Part Number: TPS65987D
Other Parts Discussed in Thread: TPS65988, TPS65987

using the TPS65987EVM i put miso to gnd and selected the buspowerz to 0.24 which will translate to BP_NOWAIT and config 2. the dev kit booted once and appeared to be functional. Then i connected in a micro controller to the i2c line with anticipation of patching it over i2c. i followed the TPS65987DDH and TPS65988DH Host Interface Technical Reference Manual and the TPS65987 and TPS65988 SPI Less Host Programming Over I2C. The patch goes through the whole process of patching and on the final PTCc it returns 0x0 0x0 0x42 which indicates "Patch not compatible with this version of ROM". The controller then reports on the mode register (0x3) that it is still in patch mode. I power cycle and reboot and the system remain in patch mode and wont boot to app any more until i let the flash reprogram it at boot.