Appeal No. 2004-1304
Application 08/730,625
utensil to having a coating formed as a single layer of plastic
material having the recited properties.
As we noted supra, the plastic thermochromic coating in
McNaughtan is multi-layered, and includes a polymeric cholesteric
temperature indicating (color change) composition applied
directly to the rigid base portion or substrate, a first
protective coating of polyvinyl alcohol (col. 4, lines 54-56)
applied over the cholesteric temperature indicating composition
and an outer water insoluble protective layer formed of, e.g.,
polyvinyl chloride (col. 5, lines 1-7). In considering the
teachings of McNaughtan, it is the entirety of the coating in
McNaughtan that the examiner equates to the “coating” recited in
claim 1 on appeal. Thus, the multi-layer coating in McNaughtan
is clearly “non-water absorbing” as a result of the outer water
insoluble protective layer formed of, e.g., polyvinyl chloride.
With respect to the “relatively soft” limitation of claim 1,
while McNaughtan does not specifically discuss the relative
softness/hardness of the plastic coating therein, we again point
to column 2, lines 44-48, wherein it is indicated that the
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