Ex parte NEUHAUS - Page 10

          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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