Ex parte PARK - Page 9




          Appeal No. 1998-0601                                                        
          Application 08/225,322                                                      

          and (3) a range of read levels from some minimum reliable read              
          value to some maximum value that safely will not write (a                   
          range of power levels suitable for reading data).  The                      
          selection of any of these three levels would have been                      
          suggested to one skilled in the art.  Further, since Miura                  
          uses a single laser as a light source for the tracking control              
          and focusing control as well as to read and write data, one of              
          ordinary skill in the art would have been motivated to reduce               
          the power level to a read level because this is a standard                  
          laser operating level and would maintain the laser power level              
          for tracking control and focusing control which is necessary                
          for continuous operation.  That is, if the power level was                  
          turned off or reduced to a level below the read level after an              
          abnormal tracking error, the power level would need to be                   
          restored to the read level to continue operations of tracking,              
          focusing, and reading addresses and one of ordinary skill in                
          the art would have sought to avoid these interruptions.                     
               Appellant argues that Miura provides no guidance with                  
          which to select a particular power level, much less suggesting              
          that it be reduced to a level suitable for reading data (Br15;              
          RBr6).  However, since the claimed "level suitable for a data               

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