Ex parte GUBERNICK - Page 2




          Appeal No. 98-1047                                                          
          Application 08/612,814                                                      




               The invention relates to a spherical calendar device                   
          which is adapted to be held and squeezably deformed by a                    
          user's hand.  Claim 1 is illustrative and reads as follows:                 
               1.   A deformable calendar comprising:                                 
               a deformable member that is capable of fitting in a                    
          user's hand when said member is held by a user, wherein said                
          member is capable of assuming a spherical shape, and wherein                
          said member has a flexible outer covering that surrounds a                  
          deformable core;                                                            
               a tabular register of indicia located on an exterior                   
          surface of the covering of the deformable member, said indicia              
          including a plurality of groupings of numbers wherein each of               
          said groupings corresponds to a particular calendar month and               
          wherein each of said groupings is labeled with indicia that                 
          define the calendar month associated with said grouping and                 
          wherein said indicia further includes a group of numbers that               
          indicate a calendar year associated with the groupings of                   
          months; and                                                                 
               wherein the outer covering of the deformable member is                 
          made of a resilient material, and wherein a user can manually               
          stretch a portion of said covering to thereby increase in size              
          any of said indicia located on the surface of said stretched                
          portion.                                                                    
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Thomas                   1,444,012           Feb.   6, 1923                 
          Scatterday               5,350,342           Sept. 27, 1994                 
               Claims 1, 3 through 5 and 7 through 14 stand rejected                  

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