Appeal No. 2004-1304
Application 08/730,625
[sic, thermochromic]1 additive.” Again looking at the coating of
a relatively soft non-water absorbing plastic material in
McNaughtan as a whole, we must agree with the examiner, since the
plastic coating therein comprises both a thermochromatic additive
as part of the polymeric color change layer and polyvinyl
chloride as the outer non-water absorbing protective layer.
Thus, the rejection of claim 6 under 35 U.S.C. § 102(b) based on
McNaughtan will also be sustained.
As for the examiner’s rejection of claim 27 under
35 U.S.C. § 102(b) based on McNaughtan, we note that claim 27
is somewhat different in scope than claim 1 discussed above.
Claim 27 defines an article for use in feeding a person, wherein
the article comprises a body, and
a food contacting surface on said body, said
food contacting surface being of a first
initial color, said food contacting surface
being constructed and arranged to lose its
color and turn white 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, the white colorless state
1 Paper No. 28, page 2, states that in claim 6
“thermochromatic” should read “thermochromic” and that
appropriate correction is required.
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