Appeal No. 2006-1946
Application No. 10/437,580
states that its use on a wristwatch is particularly interesting
(col. 1, lines 44-64). Grupp’s disclosures regarding using
thermochromic materials to indicate when temperatures are in
different zones logically would have commended itself to the
appellant’s attention in considering the particular problem with
which the appellant was involved, i.e., use of thermochromic
materials to indicate transition temperatures on a hockey puck.
Consequently, Grupp is analogous art. See Clay, 966 F.2d at 659,
23 USPQ2d at 1061.
The appellant’s only other argument with respect to Grupp is
that it does not cure the deficiencies in Douglas and Kennedy
(brief, page 16). As discussed above, such deficiencies do not
exist.
For the above reasons we are not convinced of reversible
error in the examiner’s rejection of claim 14.
Claim 20
Small discloses applying a thermochromic pigment over a
pigmented lacquer to provide a more visible thermochromic color
change to fingernails and toenails than would be obtained if the
thermochromic pigment were added to the pigmented lacquer layer
(col. 13, lines 2-14).
The appellant argues that Douglas, Kennedy and Small do not
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