Ex Parte Binette et al - Page 6




          Appeal No. 2004-1399                                                        
          Application No. 09/777,595                                                  
          the art and preferred ball for controllability. (Cavallaro II,              
          column 1, lines 52-54, 59-61).  Cavallaro II describes a wound              
          ball with a hard SURLYNŽ cover like applicant’s claimed                     
          invention. (Cavallaro II, column 1, lines 57-58).                           
               Saito also describes a conventional golf ball comprising a             
          core with an outer wound layer and a SURLYNŽ cover. (Saito,                 
          column 7, lines 28-32).  In light of Saito and Cavallaro II, it             
          would have been prima facie obvious to persons having ordinary              
          skill in the art to make a ball of Saito or Cavallaro comprising            
          a core with a wound layer for improved controllability.  Again,             
          appellant has provided no objective evidence or nonobviousness              
          for our consideration.                                                      
                                     Conclusion                                       

               For the reasons stated above, we sustain the examiner’s                
          final rejection of Claims 1-27 of Application No. 09/777,595                
          under 35 U.S.C. § 103(a) over the combined teachings of Saito and           
          Cavallaro II.                                                               
               The examiner’s decision is affirmed.                                   








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