Ex Parte Kennedy - Page 3




               Appeal No. 2004-0086                                                                             3                
               Application No. 09/730,868                                                                                        

               As an initial matter, it is the appellant’s position that, “[a]ll claims stand or fall                            
               together.”  See Brief, page 3.  Accordingly, we limit our consideration to independent                            
               claim 1.  See 37 CFR1.192(c)(7)(2003).                                                                            
                                              The Rejection under Section 103                                                    
               The appellant has correctly stated that the sole issue before us for consideration is                             
               whether the combination of Oka and Cadorniga provide the requisite motivation to                                  
               combine a circular dimple as taught by Oka with a compound dimple as taught by                                    
               Cadorniga.  We answer that question in the affirmative and accordingly sustain the rejection                      
               by the examiner.                                                                                                  
               Oka is directed to a golf ball having improved dimple configurations so that the golf                             
               ball has favorable flight performance.  See column 1, lines 7-10.  By favorable                                   
               performance, Oka states that an object of the invention is to provide, “a golf ball capable                       
               of flying a long distance.”  See column 1, lines 48-49.  We find that Oka’s contribution to                       
               the art is obtained by, “arranging on the surface of the golf ball dimples consisting of                          
               different configurations so as to increase the turbulence of air flow in the periphery of the                     
               golf ball.”  See column 1, lines 50-53.  We further find in this respect that the dimples are                     
               arranged on the surface of a golf ball for the purpose of increasing turbulence in the air                        
               flow at the periphery of a golf ball.  See column 2, lines 25-28.  Indeed, the more a                             
               dimple is adjacent to dimples of different  surface configurations the greater the dimple                         
               effect.  See column 2, lines 28-30.                                                                               






Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007