Appeal No. 95-3411
Application 08/040,960
examiner's assertions as to what the "well known" cook books show
makes this issue moot as far as this appeal is concerned.
Nevertheless, we do not go as far as assuming that well
known conventional cook books give information in animated or
audio form, without the examiner's citing a particular cook book.
On this record, assuming that would be tantamount to speculation.
The examiner may not, because he or she may doubt that the
invention is patentable, resort to speculation, unfounded
assumptions or hindsight reconstruction to supply deficiencies in
the reference. See In re Warner, 379 F.2d 1011, 1017, 154 USPQ
173, 178 (CCPA 1967), cert. denied, 389 U.S. 1057 (1968).
In claim 4, the video memory means supplies cooking
information in animated form. The specification discusses
animation only in the context of video as opposed to audio.
See, for example, page 5, lines 3-6 and page 6, lines 10-12.
Accordingly, consistent with the specification, we construe
"animated" to mean video. In this context, "video" does not have
to include audio signals. Rather, it can be satisfied by non-
still images without sound.
With respect to Bado, the examiner expressly acknowledges
(answer at 5) that Bado does not teach the use of audio or video
(animated) outputs for the cooking information stored in the
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