Appeal No. 2004-1304
Application 08/730,625
Appellants’ invention relates to an improved utensil
for feeding a small child and to a kit for feeding infants and
small children which includes a plurality of such utensils. More
specifically, the invention is directed to a utensil that is
protective of a small child’s sensitive mouth and is designed
and constructed to convey to a child or caregiver, without the
possibility of confusion, when food on the utensil is too hot to
be comfortably and safely consumed by an infant or small child.
Independent claims 1, 9, 27 and 28 are representative of the
subject matter on appeal, and a copy of those claims, as
reproduced from the Appendix to appellants’ brief, is attached
to this decision.
The prior art references of record relied upon by the
examiner in rejecting claims before us on appeal are:
Biolik 3,695,110 Oct. 3, 1972
McNaughtan 4,070,912 Jan. 31, 1978
Heinmets et al. (Heinmets) 4,156,365 May 29, 1979
Packaging for “Too Hot” Color-Changing Safety Spoons by WeeCare,
hereinafter “Too Hot” package
“Soft Bite Utensils” (Appellants’ admitted prior art set forth on
page 1 of the specification)
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