Appeal No. 2004-1399
Application No. 09/777,595
the hard outermost layer having a thickness of less than .040
inches. (Saito, column 9, lines 36-46). Saito does not specify
hardness parameters for the outermost layer, however Cavallaro II
shows the degree of hardness required for golf ball covers.
Cavallaro II discloses a cover with a Shore D hardness of at
least 65. (Cavallaro II, column 16, line 4). Additionally,
Cavallaro II teaches an outermost layer harder than the layer
beneath. (Cavallaro II, column 4, line 44). In our view,
Cavallaro I adds nothing significant to the teaching of Cavallaro
II.
The appellant argues that Saito does not disclose a Shore D
hardness of at least 56, and there was no motivation to combine
the teachings of Saito and Cavallaro. (Appeal Brief, page 9,
second full paragraph). Appellant’s claimed limitation of an
outermost layer with a minimum Shore D hardness of “about 56"
encompasses Cavallaro’s limitation of an outermost layer with a
minimum Shore D hardness of 65. (Cavallaro II, column 16, line
4). Cavallaro II teaches a thermoplastic cover with a minimum
Shore D hardness of 65 and is directed to golf balls having the
characteristics described below (Cavallaro II, column 4, lines
36-38, 60-62):
a softer feel, while also providing superior distance,
low spin, durability, and ease of manufacturing.
-4–
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