Appeal No. 1998-0601
Application 08/225,322
Appellant argues that Miura does not suggest reducing the
power level to a level suitable for a data read operation,
since decreasing the power to such level is not necessarily an
optimum level to disable an information recording function and
operating a level suitable for a data read allows for an
entirely different function to be performed (RBr8-9).
We consider it sufficient to establish a prima facie case
that Miura discloses a range of decreased power levels that
includes Appellant's claimed level. Furthermore, we have
discussed why one of ordinary skill in the art would have been
motivated to select the read level as the decreased power
level in order to maintain continuity of operation.
For the reasons stated above, we conclude that the
combination of the APA and Miura is sufficient to establish a
prima facie case of obviousness. The rejection of claims 1,
2, and 4-6 is sustained.
Claims 11, 12, and 15 over APA and Miura
Claims 11 and 12 stand or fall together and dependent
claim 15 is separately argued (Br5).
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