Appeal No. 1998-2463 Page 9
Application No. 08/598,854
optical beam deflecting element. Thus, we find that in Appel,
electrical signals are used to modulate either the laser
source and/or the optical beam deflecting element, but only to
provide correction of pyramidal wobble. We find that neither
Andrews nor Appel discloses varying the electric signal to the
laser for facet tracking.
Obviousness is tested by “what the combined teachings of
the references would have suggested to those of ordinary skill
in the art.” In re Keller, 642 F.2d 413, 425, 208 USPQ 871,
881 (CCPA 1981). Obviousness “cannot be established by
combining the teachings of the prior art to produce the
claimed invention,
absent some teaching or suggestion supporting the
combination." ACS Hosp. Sys., Inc. v. Montefiore Hosp., 732
F.2d 1572, 1577, 221 USPQ 929, 933 (Fed. Cir. 1984). Although
the prior art to Andrews and Appel suggests that wavelength
modulation of the laser can be used to correct pyramidal
wobble, and that both wavelength and refractive index
modulation can be used to correct pyramidal wobble, we find
that the advantages of utilizing modulation of the laser
source for facet tracking were not taught or suggested by the
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