Appeal No. 1998-0601
Application 08/225,322
signal is active and, hence, "claim 11 recites structure for
reading data from the disc, thereby allowing address
information to be read from the disc to provide for
determining if the read data corresponds to a desired address"
(RBr10).
Miura does read addresses (col. 2, lines 48-53). The
claims do not recite reading data after an abnormal tracking
error even though data may be capable of being read because
the power level is at a level suitable for reading data.
Thus, we agree with the Examiner that the argument is not
commensurate in scope with the claims and is not persuasive.
Appellant argues that the Examiner mischaracterizes the
statements in the Brief in asserting that Miura fairly
suggests the use of any level less than a write level,
including a level suitable for a data read operation, and that
Miura does not disclose selecting a level suitable for reading
data (RBr3-6).
It is true that Miura does not disclose that the reduced
power level should be a read level. However, Miura discloses
a range of reduced power levels that includes the claimed read
level, which is sufficient to establish a prima facie case of
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