Appeal No. 2004-1304
Application 08/730,625
temperature measuring device incorporated therein, and discloses
that the spoon itself “may be constructed of metal and covered
with a layer of plastic” (col. 3, lines 61-63), absent hindsight,
we see no basis in such a broad teaching of a plastic coated
spoon for modifying the particular utensil disclosed in
McNaughtan in the manner urged by the examiner so as to result in
an area on the handle of the utensil that is color coded to match
the color of the plastic material on the feeding end for compari-
son purposes (claim 25), or to result in an arrangement wherein
said area on the handle is thermochromic, so that a caregiver can
test the temperature of food without dipping the feeding end of
the utensil into the food (claim 26). Thus, we will not sustain
the examiner’s rejection of claims 25 and 26 under 35 U.S.C.
§ 103(a).
The next rejection for our review is that of claims 1
through 8 under 35 U.S.C. § 103(a) as being unpatentable over
“Soft Bite Utensils” in view of the “Too Hot” package and
Heinmets. In this instance, the examiner has determined (Paper
No. 28, pages 8-9) that the “Soft Bite Utensils” described on
page 1 of the present specification teach the claimed invention
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