Appeal No. 1998-0601
Application 08/225,322
91, 198 USPQ 210, 214 (CCPA 1978) ("the PTO usually must
evaluate both the scope and content of the prior art and the
level of ordinary skill solely on the cold words of the
literature"); In re GPAC Inc., 57 F.3d 1573, 1579,
35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did not err
in adopting the approach that the level of skill in the art
was best determined by the references of record).
Furthermore, obviousness is determined through the eyes of one
of ordinary skill in the art and one of ordinary skill in the
art must be presumed to know something about the art apart
from what the references expressly disclose. See
In re Jacoby, 309 F.2d 513, 516, 135 USPQ 317, 319 (CCPA
1962); In re Oetiker, 977 F.2d 1443, 1447-48, 24 USPQ2d 1443,
1446-47 (Fed. Cir. 1992) (Nies, C.J., concurring).
The APA discloses that it was known to provide a mode
selector 101 that generates a mode signal M for reading or
writing based on user selection. Reference power data
generator 102 generates different reference power data PREF
for reading or writing in accordance with the mode signal M.
The reference power data suitable for a reading/writing of a
given optical disk is recorded in the disc's lead-in area for
- 4 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007