Ex Parte YAMAGISHI et al - Page 8




          Appeal No. 2002-1031                                                        
          Application 09/129,883                                                      


          takes the position, however, that it would have been obvious to             
          one of ordinary skill in the art at the time of appellants’                 
          invention to modify the ball of Yamagishi ‘413 such that the                
          product of Shore D hardness of the inner and outer cover layers             
          is in the range of 1500-3000, and such that dimples are provided            
          on the ball arranged in the Type II dimple pattern taught                   
          Yamagishi ‘563.  According to the examiner, a golf ball as taught           
          by Yamagishi ‘413, modified in the manner set forth above, would            
          have properties that fall within the parameters for a golf ball             
          as set forth in claim 4, which is all that is required to                   
          establish the obviousness of the subject matter of that claim.              
               As to the rejection of claim 16 as being unpatentable over             
          Hayashi in view of Yamagishi ‘563, the examiner finds (answer,              
          page 5) that Hayashi discloses a golf ball comprising a core                
          having a distortion of 2.8 to 3.0 mm under an applied load of 100           
          kg., an outer cover layer having a Shore D hardness in a range of           
          30-70, and an inner cover layer having a Shore D hardness in a              
          range of 33-534.  The examiner also finds that in Hayashi “[the]            
          products of the Shore D hardness of an inner cover layer                    


               4It appears that the examiner finds correspondence between             
          the enclosure layer of Hayashi surrounding the center core of the           
          ball and the “inner cover layer” of claim 16.                               
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