Appeal No. 1998-0601
Application 08/225,322
read operation" is within the range taught by Miura, the
limitation is prima facie obvious over Miura.
Appellant argues (Br15-16):
Appellant further submits that by supplying a power
level suitable for reading data when an abnormal tracking
error occurs, the present invention is capable of reading
data stored on the disc, thereby providing the capability
to detect address data from the data read from the
optical disc by the optical pickup and to determine
whether the detected address data corresponds to a
desired address. Such a capability allows the state of
the error signal to be converted to a nonactive state,
and accordingly writing could resume. See page 3,
lines 26-33 and page 9, lines 5-15. Since Mirua [sic] et
al., or any of the other applied references, neither
teaches nor suggests that data could be read when an
abnormal error occurs, it is respectfully submitted that
a person of ordinary skill in the art would not have been
motivated to combine the teachings as asserted by the
Examiner
The Examiner concludes that the argument is not
commensurate in scope with the claims which do not recite any
structure for performing these functions to provide the
advantage (EA5). Appellant responds that the claims recite
providing a level suitable for a data read operation and,
therefore, would allow for a data read operation to be
performed (RBr9-10). Appellant further argues that claim 11
recites a generator for generating a reading drive signal and
a selector for selecting the reading drive signal if an error
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