Appeal No. 2004-1304
Application 08/730,625
at least in part, formulated to change color when exposed to a
substance, such as food, that is above a predetermined tempera-
ture that is appropriate for comfortable and safe consumption
by an infant or small child (col. 8, lines 49-53 and col. 8,
lines 58-63). As is apparent from the disclosure of McNaughtan
(e.g., col. 4, lines 32-53), the plastic thermochromic coating is
multi-layered and includes a polymeric cholesteric temperature
indicating composition applied directly to the rigid base portion
or substrate, a preferred protective coating of polyvinyl alcohol
(col. 4, lines 54-56) applied over the temperature indicating
composition and an outer water insoluble protective layer formed
of, e.g., polyvinyl chloride (col. 5, lines 1-7). While
McNaughtan does not specifically discuss the relative hardness or
softness of the thermochromic plastic coating, we note column 2,
lines 44-48, wherein it is indicated that the temperature
indicating device therein should be made of unbreakable and
pliable material such that the device will not injure a patient
even if pressure is applied against the device by the patient.
Moreover, we also make note of the examiner’s position (answer,
page 5) that the thermochromic plastic coating of McNaughtan is
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