Ex Parte Kennedy et al - Page 1




               The opinion in support of the decision being entered today was not written for                           
                             publication and is not binding precedent of the Board.                                     

                                UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                    ____________                                                        
                                     BEFORE THE BOARD OF PATENT APPEALS                                                 
                                                 AND INTERFERENCES                                                      
                                                    ____________                                                        

                        Ex parte THOMAS J. KENNEDY, III, MICHAEL J. TZIVANIS,                                           
                                   VIKTOR KELLER, WILLIAM M. RISEN, JR.,                                                
                                    MARK L. BINETTE, and JOHN L. NEALON                                                 
                                                    ____________                                                        

                                                  Appeal 2006-1969                                                      
                                             Application 10/712,942                                                     
                                                    ____________                                                        

                                               HEARD: July 12, 2006                                                     
                                                    ____________                                                        

              Before WALTZ, TIMM and JEFFREY T. SMITH, Administrative Patent                                            
              Judges.                                                                                                   
              WALTZ, Administrative Patent Judge.                                                                       


              DECISION ON APPEAL                                                                                        
                     This is a decision on an appeal from the primary examiner’s final rejection of claims              
              10 through 28, which are all of the claims pending in this application.  We have jurisdiction             
              pursuant to 35 U.S.C. § 134.                                                                              
                     According to appellants, the invention is directed to a golf ball comprising a core, an            
              inner cover layer disposed on the core having a Shore D hardness value of at least 60 and                 
              including at least one specified material, and an outer cover layer disposed about the inner              






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