Appeal No. 1997-3909
Application 08/430,090
(Reply brief-page 11.)
We assume the “universally recognized” advantages,
missing evidence thereof, are multi-speed speech. We assume
this because APA teaches the advantage of help information in
speech form. Thus, it seems clear to us that the evidence of
the desirability of multi- speed speech is in Yabuuchi itself,
e.g., fast forward of a tape recorder (page 2, lines 13, 14).
We are unconvinced by Appellant’s repeated arguments
that Yabuuchi is devoid of help messages which in turn are
ancillary to the main function of the device. Everything in
claim 10 prior to “the improvement comprising:”, a Jepson
claim, is admitted prior art (APA). Ethicon Endo-Surgery Inc.
v. U.S. Surgical Corp., 93 F.3d 1572, 1577, 40 USPQ2d 1019,
1022-23 (Fed. Cir. 1996). The APA clearly teaches the help
messages (in speech form) which in turn are ancillary to the
main function of the device. Appellant has not disputed the
APA being the first part of a Jepson claim. The Examiner
relies on Yabuuchi for making the speech multi-speed, for the
advantages incumbent therein. Furthermore, Appellant’s own
specification recites an example of the invention as
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