Appeal No. 95-3411
Application 08/040,960
memory means. However, the examiner nevertheless concludes
(answer at 6) that it would have been obvious to one with
ordinary skill in the art to modify Bado to include audio and
video (animated) presentations of the stored cooking information.
We disagree with the examiner, because the conclusion is without
factual support in the record.
Neither Bado nor well known conventional cook "books"
present cooking information in video (animated) or audio form.
The examiner points to nothing in Bado which talks about a desire
to present the information in audio or video (animated) form.
Without identifying a scintilla of evidence in Bado or
conventional cook books for presenting cooking information in
video (animated) or audio form, the examiner concludes that
naturally one with ordinary skill in the art would have known to
do so. The conclusion is unsupported by evidence in the record.
It is of no help for the rejection that the examiner further
stated (answer at 6): "Note the art of record, particularly
Baus, Kaplan, Bohrman and Reed as indication of the knowledge
generally available to those in the art." It is wholly unclear
which portions of any of these reference is the examiner relying
on and for what specific purpose. To say that the references
indicate the general knowledge available to those in the art is
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