Ex Parte Binette et al - Page 2




          Appeal No. 2004-1399                                                        
          Application No. 09/777,595                                                  
                                    Introduction                                      
               Claims 1-27 stand finally rejected under 35 U.S.C. § 103(a)            
          as being unpatentable over the combined teachings of Saito, U.S.            
          Patent No. 4,919,434, patented April 24, 1990; Cavallaro et al.             
          (Cavallaro I), U.S. Patent No. 5,810,678, patented September 22,            
          1998; and Cavallaro et al. (Cavallaro II), U.S. Patent No.                  
          5,947,842, patented September 7, 1999.  Appellant stated that               
          Claims 1-9 stand or fall together, Claims 10-17 stand or fall               
          together, and Claims 18-27 stand or fall together. (Appeal Brief,           
          Paper No. 16, pages 3-4).  Independent Claims 1, 10, and 18 read            
          as follows:                                                                 
                    1. A golf ball comprising: a core; and a cover                    
               enclosing said core, wherein said cover includes at                    
               least one layer comprising an outermost layer having a                 
               thermoplastic material, a thickness of less than 0.040                 
               inches, a Shore D hardness of  at least about 56 and a                 
               Shore D hardness at least as hard as a layer disposed                  
               between said outermost layer and said core.                            
                    10. A golf ball comprising: a core; and a cover                   
               comprising an inner layer and an outermost layer                       
               disposed about said inner layer comprising a                           
               thermoplastic material, a thickness of less than about                 
               0.040 inches, a Shore D hardness of at least about 56                  
               and a Shore D hardness at least as hard as said inner                  
               layer.                                                                 
                    18. A golf ball comprising: a core; a wound layer;                
               wherein said cover includes an outermost layer that                    
               comprises a thermoplastic material, said outermost                     
               layer having a thickness less than about 0.040 inches,                 
               a Shore D hardness at least about 56 and a Shore D                     
               hardness at least as hard as a layer disposed between                  
               said outermost layer and said core.                                    

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