Ex parte GUBERNICK - Page 3




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


          under 35 U.S.C. § 103 as being unpatentable over Scatterday in              
          view of Thomas.                                                             




               Reference is made to the appellant's brief (Paper No. 7)               
          and to the examiner's answer (Paper No. 8) for the respective               
          positions of the appellant and the examiner with regard to the              
          merits of this rejection.                                                   
               Scatterday, the examiner's primary reference, discloses                
          "a ball-like grip that the user holds within one hand" (column              
          1, lines 55 and 56).  As described in the reference,                        
               [t]he user applies pressure to the grip with his or                    
               her fingers to deform the grip's shape.  The grip                      
               has a structure that makes it semi-resilient in that                   
               when the user stops applying pressure to the grip                      
               after it has been significantly deformed, it only                      
               partially returns to the shape it had prior to the                     
               deformation.                                                           
                    To achieve this semi-resilient characteristic,                    
               the grip employs a particulate core surrounded by a                    
               resilient rubber covering.  The core is comprised of                   
               a quantity of free particles intermixed with a dry                     
               lubricant powder.  The lubricant allows the                            
               particles to slide over one another without damage                     
               and helps to reduce the internal resistance to                         
               sliding movement within the core.                                      
                   The rubber covering exterior to the core is made                  
               of a latex rubber material that has a round shape                      
                                         -3-                                          





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