Ex parte NEUHAUS - Page 9

          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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