Appeal No. 2004-1304
Application 08/730,625
Plastic for Teeth and Gums,” and conclude that such a plastic
coating used on the “Soft Bite Utensils” would at least be viewed
as being “relatively soft” and non-water absorbing, as required
in claim 1 on appeal.
As for dependent claims 2 through 8, and appellants’
arguments on pages 35-36 of the brief, we agree with the
examiner’s position set forth on pages 7-8 of the answer
concerning claims 2 through 5, 7 and 8, but agree with appellants
that the “Soft Bite Utensils,” the “Too Hot” package and Heinmets
applied by the examiner do not teach or suggest use of a soft
plastic coating which comprises “polyvinyl chloride and a
thermochromic additive.”2 Although we view the soft plastic
material of the “Soft Bite Utensils” as generally having a
hardness in appellants’ claimed range, we recognize that the
prior art applied by the examiner is silent concerning any
specific composition of the soft plastic material. Thus, we will
2 In claim 7, line 1, “said son plastic” should apparently
be --- said soft plastic ---.
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