Appeal No. 2004-1304
Application 08/730,625
suggestion for modifying the above-noted metal based “Soft Bite
Utensils” in the manner posited by the examiner.
In sustaining the rejection of independent claim 1,
we also note that, contrary to appellants’ contentions (brief,
page 34), the examiner has not determined that the ordinarily
skilled artisan would have “removed and completely replaced” the
soft plastic coating on the “Soft Bite Utensils” with a coating
like that mentioned on the “Too Hot” package. Instead, the
examiner has merely concluded that it would have been obvious to
one of ordinary skill in the art at the time of appellants’
invention to modify the “Soft Bite Utensils” by formulating
the soft plastic material of the feeding end thereof with a
thermochromic additive to facilitate a color change in the soft
plastic coating when the utensil (e.g., spoon) contacts hot food
in order to warn a user or caregiver that the food is too hot to
safely consume, as is taught or suggested by the “Too Hot”
package. Moreover, even if appellants’ assertion of complete
replacement of the plastic layer were correct with regard to this
combination, we again point to the express notation on the “Too
Hot” package that the safety spoons therein are made of “Soft
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