Appeal No. 1998-0601
Application 08/225,322
Because Miura discloses decreasing the power level to a
range of values that includes a power level suitable for
reading data, the claim recitation of reducing the power level
specifically to a "level suitable for a data read operation"
is within the range and, thus, the combination of the APA and
Miura is sufficient to establish a prima facie case of
obviousness. We note that a "level suitable for a data read
operation" may be a range of values and is not necessarily a
single specific value. Furthermore, a "level suitable for a
data read operation" does not require that reading actually be
performed. The burden is on Appellant to show that the
specific claimed level within the range disclosed by Miura is
critical and provides unexpected results. See In re Aller,
220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
In addition, we consider that the selection of the read
level in the case of an abnormal tracking error would have
been obvious to one of ordinary skill in the art. There are
really only three possible values or ranges that one of
ordinary skill in the art might select from for the disclosed
decreased or interrupted power level: (1) off (interrupted);
(2) a range between off and the minimum reliable read level;
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