Appeal No. 2004-1304
Application 08/730,625
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 again make note of the examiner’s
position (answer, page 5) that the plastic coating of McNaughtan
is “relatively soft” when compared to typical metals, such as
stainless steel, used in the making of food serving and eating
utensils, and further observe that appellants have provided no
cogent argument specifically addressing this aspect of the
examiner’s position.
Since, in our view, McNaughtan reasonably teaches a
utensil like that broadly set forth in claims 1 and 2 on appeal,
the examiner’s rejection of those claims under 35 U.S.C. § 102(b)
will be sustained.
Claim 6 on appeal depends from claim 1 and specifies
that in the utensil of claim 1 the relatively soft plastic
material “comprises polyvinyl chloride and a thermochromatic
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