Ex Parte YAMAGISHI et al - Page 9




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


          multiplied by the Shore D hardness of an outer cover layer . . .            
          would be in a range of 1500-3700” (answer, page 5)5.  The                   
          examiner acknowledges that Hayashi does not teach the                       
          relationship between product of hardnesses and VR called for by             
          claim 16.  In this instance, the examiner takes the position that           
          it would have been obvious to one of ordinary skill in the art to           
          modify the ball of Hayashi such that the product of Shore D                 
          hardness of an inner and outer cover layers is in the range of              
          2000-3000, and such that dimples are provided on the ball                   
          arranged in the Type II dimple pattern taught Yamagishi ‘563.  As           
          stet was the case with respect to claim 4, the examiner takes the           
          position that a golf ball as taught by Hayashi, modified in the             
          manner set forth above, would have properties that fall within              
          the parameters for a golf ball as set forth in claim 16, which is           
          all that is required to establish the obviousness of the subject            
          matter of that claim.                                                       






               5It is not immediately clear where Hayashi discloses Shore D           
          hardness values for the inner and outer cover layers that would             
          necessarily yield a product within the range of 1500-3700 as                
          found by the examiner.                                                      
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