Ex Parte SHIBAHASHI et al - Page 3




               Appeal No. 1998-1015                                                                                                   
               Application No. 08/208,912                                                                                             


                                       having 2 to 22 carbon atoms, acidic phosphoric esters                                          
                                       having I to 44 carbon atoms, metal salts of the acidic                                         
                                       phosphoric esters and triazole compounds having 2 to 24                                        
                                       carbon atoms; and                                                                              
                                               (C) an ester compound;                                                                 
                                               said components (A), (B) and (C) being present in a                                    
                                               weight ratio in the range of 1:0.1 to 50:1 to 800 and                                  
                                               being in the form of a homogenous fused mixture,                                       
                                               and                                                                                    
                                               said component (C) being selected from the following                                   
                                               compounds having a ĪT value measured as melting                                        
                                               point (/C) - clouding point (/C) in the range of from                                  
                                               5/C to less than 50/C: an alkyl ester, aryl ester and                                  
                                               cycloalkyl ester of an aromatic-carboxylic acid which                                  
                                               is unsubstituted or substituted by one or more                                         
                                               substituents in the aromatic ring, a branched alkyl                                    
                                               ester, aryl ester, arylalkyl ester, a cycloalkyl ester of                              
                                               aliphatic carboxylic acid, an alkyl ester of alicyclic                                 
                                               carboxylic acid, a diester of dicarboxylic acid and a                                  
                                               glyceride.                                                                             
                       The examiner relies upon the following references as evidence of obviousness:                                  
                       Shibahashi et al.                       4,425,161              Jan. 10, 1984                                   
                       Kito et al.  (Kito '565)                4,554,565              Nov. 19, 1985                                   
                       Shimizu et al. (Shimizu)                4,560,604              Dec. 24, 1985                                   
                       Kito et al.  (Kito '301)                4,720,301              Jan. 19, 1988                                   

                       Appellants' claimed invention is directed to a color memory toy which surface is                               
               painted with a quasi-reversible thermochromic coloring material.  According to page 5 of                               
               appellants' specification, "the toy of the present invention is constructed such that one                              
               of two visual configurations can be selected and held according to user's desire."  We                                 

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