Appeal No. 98-1047
Application 08/612,814
when in an undeformed state [column 1, line 56,
through column 2, line 3].
As conceded by the examiner (see page 4 in the answer),
Scatterday does not teach, and would not have suggested, a
device meeting the limitations in independent claims 1 and 8
relating to
the tabular register of calendar indicia on the exterior
surface of the deformable member covering. In this regard,
the Scatterday device is not disclosed as having any sort of
indicia.
Thomas discloses a novelty device for use as a calendar,
a paper weight and/or a desk ornament. The device consists of
a circular frame 10 mounted on a standard 11 rising from a
base 12, and a spherical member 13 which "is provided upon its
outer surface with suitable indicia representing the months
and the days of the month so as to provide a calendar" (page
1, lines 49 through 52). The spherical member is rotatable
within the frame so that the indicia representing each month
may be moved into a display position (see Figure 1).
-4-
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Last modified: November 3, 2007