Ex Parte Nesbitt et al - Page 3


            Appeal No. 2004-1954                                                      
            Application 09/917,539                                                    

                                                                                     
                 Claims 1 through 6 and 8 through 18 stand rejected                   
            under 35 U.S.C. § 103 as being unpatentable over Sullivan                 
            in view of Cavallaro ‘191 and Cavallaro ‘678 and Harris.                  
                 Claims 7 and 19 through 30 stand rejected under                      
            35 U.S.C. § 103 as being unpatentable over Sullivan in view               
            of Cavallaro ‘191 and Cavallaro ‘678 and Harris, and                      
            further in view of Shama and Schenk and Boehm.                            

                                       OPINION                                        
                 We have carefully considered the Examiner’s Answer                   
            and appellants’ Brief and Reply Brief, and the applied                    
            references.  This review has led us to conclude that each                 
            of the rejections is well founded.                                        
                 Beginning on page 6 of the Brief, appellants argue                   
            that there is no suggestion in Cavallaro ‘191 or Sullivan                 
            to motivate one skilled in the art to add a mantle to the                 
            golf ball of Sullivan.  Appellants argue that one skilled                 
            in the art would not have been motivated to add a mantle                  
            layer to the golf ball of Sullivan, because Sullivan                      
            specifically teaches a two piece golf ball having a large                 
            core and a larger, thicker cover, and it is the combination               
            of the soft core and the thicker cover that provides the                  
            good feel and lower spin in Sullivan.  On page 3 of the                   
            Reply Brief, appellants further argue that Sullivan is                    
            directed to decreasing the spin rate, whereas Cavallaro                   
            ‘191 is directed to an increase in spin rate.                             
                 On page 7 of the Answer, the examiner rebuts and                     
            states that Cavallaro ‘678 teaches that the incorporation                 
            of a soft mantle layer overcomes the conventional two piece               
            hard feel and refers to column 4, lines 28-60 of Cavallaro                


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