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 NextLast modified: November 3, 2007