Ex Parte Suzuki et al - Page 5


                Appeal No. 2007-0464                                                                                                   
                Application 09/964,874                                                                                                 
                second temperature means differ by more than a predetermined level, and a resetting means for                          
                resetting the laser output value set by the setting means when that condition is met.                                  
                        12. Claim 24 recites a controller for setting a focus offset value and/or a tracking                           
                offset value at startup of the disk drive, which also determines whether the two measurements of                       
                the temperature sensor differ by more than a predetermined level, and which then resets the                            
                focus offset value and/or the tracking offset value when the condition is met.                                         
                        13. Claim 26 recites a controller for setting the laser output value at startup of                             
                operations of the optical disk drive, which also determines whether the two measurements of the                        
                temperature sensor differ by more than a predetermined level, and which then resets the laser                          
                output value when the condition is met.                                                                                
                        14. In applying Otsuka against claim 24, the examiner actually relied on and cited to                          
                an English translation of Otsuka rather than the original Japanese language document.  That                            
                translation is in the record and it is what we refer to when using the phrase “Otsuka-English.”                        
                        15. Otsuka discloses an optical disk drive in which a microcomputer 15 adjusts the                             
                tracking offset.  (Otsuka-English, Paragraphs 1-2, 5).                                                                 
                        16. Otsuka is concerned with the problem of temperature change in the optical disc                             
                drive which throws off the adjusted tracking offset which was set only once at startup of the disk                     
                drive.  (Otsuka-English, Paragraph 9).                                                                                 
                        17. Drawing 3 of Otsuka is a figure comprising two columns, the left column being                              
                entries for a series of temperature ranges, and the right column showing a four digit code                             
                corresponding to each temperature range in the left column.                                                            






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