Ex parte NEUHAUS - Page 8




          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           

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