Ex parte PARK - Page 4




          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               

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