Ex parte JUSO et al. - Page 5




          Appeal No. 96-1421                                                          
          Application 08/065,773                                                      
          continuously, if usually idly, continues to read the disk does              
          not, by itself, teach away from the claimed invention.                      
               13. Secondary considerations and the level of skill in the             
          art are not contested issues in this appeal.                                


                                 CONCLUSIONS OF LAW                                   
               1.   All of the independent claims contain some form of                
          control circuit limitation of claim 12.  All of the dependent               
          claims necessarily contain this limitation.                                 
               2.   Since the combined references, read as a whole, would             
          not have taught or suggested the limitation of controlling the              
          power supply based on an amount of stored information, we must              
          conclude that the claimed invention would not have been obvious             
          to a person having ordinary skill in the art at the time of the             
          invention in view of Sako and Smith.                                        














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