Appeal No. 95-3411
Application 08/040,960
For the foregoing reasons, the rejection of claims 4-8 under
35 U.S.C. § 112, second paragraph, as being vague and indefinite
cannot be sustained.
The obviousness
rejection of claims 4-8
Initially, we express the points with which we agree with
the examiner. The examiner correctly stated (answer at 5):
While Bado does not specifically teach searching the
recipes according to ingredient or method of
preparation, as is well known in the art, common cook
books include sections or at least indices arranged
according to a main ingredient (i.e. beef) or a method
of preparation (i.e. grilling). Further, some well
known cook books are directed solely toward recipes
including a particular ingredient (i.e. hamburger) or
using a particular method of cooking (i.e. stir-
frying).
The appellant does not dispute that well known conventional
written or textual cook books have the foregoing features which
the examiner finds to be possessed by them. We are somewhat
troubled by the examiner's not particularly citing any cook books
in support of his rationale based on well known conventional cook
books. However, the appellant's not disputing or challenging the
-8-
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