Appeal No. 2004-1304
Application 08/730,625
coating is, at least in part, formulated to change color when
exposed to a substance, such as food, that is above a
predetermined temperature that is safe and appropriate for
comfortable consumption by an infant or small child.
With regard to appellants’ further arguments on page 12
of the brief that claim 1 on appeal makes it clear that the
material that changes color is the same plastic material that is
described therein as being relatively soft and non-water
absorbing, while in McNaughtan, the cholesterol compound which
changes color is neither soft nor non-water absorbing, we observe
that claim 1 on appeal defines a utensil for feeding a small
child wherein the feeding end of the utensil comprises a rigid
base portion and “a coating of a relatively soft non-water
absorbing plastic material provided over said rigid base portion,
said relatively soft plastic material being formulated to change
color when exposed to a substance, such as food, that is above a
predetermined temperature that is appropriate for the comfortable
consumption of food for a small child.” Contrary to appellants’
apparent belief, claim 1 does not limit the feeding end of the
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