Ex Parte Nesbitt et al - Page 5


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

                                                                                     
            the examiner rebuts and states that he agrees that                        
            Cavallaro ‘191 is silent with respect to adding a                         
            reinforcing material in the polymeric material.  However,                 
            the examiner correctly points out that Cavallaro ‘678                     
            explicitly teaches that the addition of fillers or                        
            reinforcing materials to the mantle and cover layers of a                 
            golf ball will improve the moment of inertia and lower the                
            spin rate and the examiner refers to column 14, lines 31-44               
            of Cavallaro ‘678.  The examiner correctly concludes that                 
            it would have been obvious in view of Cavallaro ‘678 to                   
            have provided a mantle layer with reinforcing materials                   
            throughout the polymeric material in order to improve the                 
            moment of inertia and lower the spin rate should a lower                  
            spin rate be desired.  We agree.                                          
                 On page 7 of the Brief, appellants also argue that the               
            combination of Sullivan or Cavallaro ‘191 does not teach a                
            core having a core component and a mantle layer wherein the               
            combined core component and mantle layer has a Riehle                     
            compression of at least 75.  Appellants argue that Sullivan               
            teaches a Riehle compression of about 75 to 115.  Appel-                  
            lants argue that if a mantle layer was added to Sullivan,                 
            the core mantle layer combination would not necessarily                   
            have a Riehle compression of at least 75.                                 
                 Claim 1 recites that the core has a Riehle compression               
            of at least about 75.  Appellants’ specification also                     
            indicates that the core (no mantle layer included) has a                  
            Riehle compression of about 75 or more.  See page 13, lines               
            15-20 of appellants’ specification.   Also, column 3, at                  
            lines 22-24 of Cavallaro ‘678, indicates that the core and                
            mantle layers each have respective values, such as Shore D                


                                          5                                           



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

Last modified: November 3, 2007