Appeal 2007-2096
Application 10/611,765
dinnerware arts familiar with graphically representing information on
dinnerware, including plates and bowels.
We cannot agree with Appellant that one of ordinary skill in this art
would not have combined Buj, Strandberg, Frucher, and Brenkus, and thus
would not have been led to include graphical diet remainders on the upper
surface of Buj’s plate such as that shown by Strandberg, Frucher, and
Brenkus. Indeed, Strandberg depicts cartoon characters and Frucher depicts
other graphic forms, both of which convey information which is attractive to
children but which, like the printed information on Brenkus’ cards, can be
used to instruct the child. We find no limitation in the claims with respect to
either the age of a person using the claimed dinnerware or the ability of a
person to assimilate and use information graphically presented on the
surface of the dinnerware to select proper foods or otherwise alter the diet.
Thus, Appellant’s contention that there would be no reasonable expectation
of success in this latter respect is not persuasive as well.
Furthermore, we notice that one of ordinary skill in the art following
the teachings of Buj would use other creatures instead of a dolphin as a toy
figure on the plate, as this person would have known that the association of a
pig with eating has long been a staple in children’s literature and generally in
society, 2 and indeed, a pig is depicted in the cartoon representation of a food
in Strandberg’s food pyramid. Thus, we are of the opinion that one of
2 In this latter respect, we notice the slang term “pig out” which is defined
as “To eat ravenously; gorge oneself: ‘a parent who asks a child, ‘Would
you like to pig out on pizza?’’(George F. Will).” The American Heritage
Dictionary of The English Language 1330 (4th ed., Boston, Houghton
Mifflin Company. 2000).
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