Ex Parte SHIBAHASHI et al - Page 1




                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                          
                       The opinion in support of the decision being entered today (1) was not                                         
                       written for publication in a law journal and (2) is not binding precedent of                                   
                       the Board.                                                                                                     
                                                                                                      Paper No. 72                    

                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                          ____________                                                                
                                       BEFORE THE BOARD OF PATENT APPEALS                                                             
                                                    AND INTERFERENCES                                                                 
                                                          ____________                                                                
                                 Ex parte YUTAKA SHIBAHASHI, NORIKAZU NAKASUJI,                                                       
                               TSUTOMU KITO, MICHIYUKI YASUDA, KUNIYUKI SENGA                                                         
                                                          ____________                                                                
                                                     Appeal No. 1998-1015                                                             
                                                   Application No. 08/208,912                                                         
                                                          ____________                                                                
                                                            ON BRIEF                                                                  
                                                          ____________                                                                
               Before KIMLIN, GARRIS, and BAHR, Administrative Patent Judges.                                                         
               KIMLIN, Administrative Patent Judge.                                                                                   
                                                    DECISION ON APPEAL                                                                
                       This is an appeal from the final rejection of claims 15, 5-9 and 11-13.  Claims                                
               16-18,  the other claims remaining in the present application, stand withdrawn from                                    
               consideration.  Claim 15 is illustrative:                                                                              
                       15.  A color memory toy comprising:                                                                            
                               a toy having an outer surface which is painted with a paint                                            
                               containing a quasi-reversible thermochromic coloring material or                                       
                               with both a paint containing said quasi-reversible thermochromic                                       
                               coloring material and a paint containing a temperature invariant                                       
                               colored material,                                                                                      






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