Ex Parte SULLIVAN - Page 7




            Appeal No. 2003-0540                                                          Page 7              
            Application No. 09/737,001                                                                        


                   With respect to the inner layer, the original disclosure teaches (1) that the inner        
            layer is comprised of a high acid (i.e. greater than 16 weight percent acid) ionomer resin        
            or high acid ionomer blend (p. 10); and (2) specific disclosed ionomer resin examples             
            have a Shore D hardness of 40, 42, 45, 48, 50, 57, 64, 66, 67, 68, 69, 70, 71, 72, 73,            
            74, 76 and 77 (pp. 13-15, 18 and 21-22).                                                          


                   With respect to the thickness of the outer layer, the original disclosure teaches          
            that the outer layer is about 0.010 to about 0.050 (about 0.254 mm to about 1.270 mm)             
            in thickness (p. 35).  With respect to the difference in hardness between the first and           
            second ionomer resins being at least 5 in Shore D hardness, the original disclosure               
            teaches that a hard inner cover layer is molded about a core and a comparatively softer           
            outer layer is molded over the inner layer (p. 35).                                               


                   In our view, the above-noted portions of the original disclosure do provide written        
            description support for the outer layer having a thickness of at least 0.4 mm as recited          
            in claims 9 and 10.  In that regard, a thickness of 0.4 mm for the outer layer is within the      
            range of possible thicknesses taught by the appellant.  Thus, we conclude that the                
            appellant had possession of an outer cover thickness of at least 0.4 mm.  In addition, it         
            is our opinion that the above-noted portions of the original disclosure do provide written        










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