Appeal No. 1998-2479
Application 08/419,512
reference to Minami determines offset values internally and not through the use of
external measurement means in accordance with the function recitation of the non-
volatile memory means clause of claim 1 on appeal. Column 6, lines 47 through 48
state that the “ROM 93 stores a plurality of offset data for determining a maximum off-
set value.” The MPU 60 utilizes the maximum value in comparison with the normal
operation of the rest of circuit of representative Figure 6, including the use of the TES or
tracking error signal during the power on operation of the device as expressed
beginning at column 7, line 5. The question that MPU 60 may utilize information stored
within memory 93 in its determination of the ultimate offset value applied as signal OS
in Figure 6, even though the ultimate determination is made by the MPU internally, is
not dispositive of the issue as to where the data placed in a read only memory 93 has
been originally derived. Minami does not indicate anywhere in the reference that the
data placed in the read only memory is determined by the circuitry disclosed in the
reference as a whole. Similar prestored data in ROM 93 is generally taught at column
7, lines 25 through 28 and column 8, lines 17 through 22.
Because the reference explicitly teaches that corrective offset information is
placed in ROM 93 and does not indicate that it is derived according to
the teachings of the reference circuits per se, we find that it necessarily inherently has
been predetermined in accordance with external measurement means to the extent
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