Appeal No. 2005-1116 Page 6
Application No. 10/077,148
Hytrel 4047 (a polyester-based thermoplastic elastomer) or a mixture of 50% Himilan
1706 (an ionomer resin) and 50% Himilan 1605 (an ionomer resin).
Table 4 of Yamagishi teaches a golf ball (see example E4) comprising a solid
core made from cis-1, 4-polybutadiene and zinc acrylate; an inner cover layer made
from a mixture of 50% Himilan 1706 (an ionomer resin) and 50% Himilan 1605 (an
ionomer resin); and a polyurethane outer cover layer having a Shore D hardness of 53.
The solid core has a distortion under a load of 100 kg of 3.30 mm.1
It is well settled that the burden of establishing a prima facie case of anticipation
resides with the United States Patent and Trademark Office (USPTO). See In re
Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984). Anticipation is
established only when a single prior art reference discloses, expressly or under the
principles of inherency, each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.
1984). In other words, there must be no difference between the claimed invention and
the reference disclosure, as viewed by a person of ordinary skill in the field of the
invention. Scripps Clinic & Research Found. v. Genentech Inc., 927 F.2d 1565, 1576,
1This is the only golf ball taught by Yamagishi that has an inner cover layer made
from an ionomer resin.
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