Ex Parte Kennedy et al - Page 2




              Appeal 2006-1969                                                                                          
              Application 10/712,942                                                                                    


              cover layer having a Shore D hardness value of no more than 55, wherein the golf ball has                 
              a spin factor of at least about 5, a PGA compression of 100 or less, and a coefficient of                 
              restitution (COR) of at least 0.770 (Brief, pages 2-3).  Representative independent claim                 
              15 is reproduced below:                                                                                   
                            15. A golf ball comprising:                                                                 
                            an inner ball, the inner ball comprising a core and an inner cover layer                    
                     disposed about the core, the inner ball having a coefficient of restitution of at                  
                     least 0.780; and                                                                                   
                            an outer cover layer disposed about the inner ball, the outer cover                         
                     layer having a Shore D hardness of no more than 55 as measured on the                              
                     curved surface thereof;                                                                            
                            wherein the golf ball exhibits a coefficient of restitution of at least                     
                     0.770 and a PGA compression of 100 or less.                                                        

                     The examiner has relied on the following references as evidence of unpatentability:                
              Isaac                          3,989,568          Nov. 02, 1976                                           
              Nesbitt                        4,431,193          Feb. 14, 1984                                           
              Sullivan et al. (Sullivan)     6,213,894          Apr. 10, 2001                                           
              Yabuki                         6,359,066          Mar. 19, 2002                                           


                     Claims 10-12, 14-18, 21-22, 25 and 26 stand rejected under   35 U.S.C. § 102(b) as                 
              anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as unpatentable over Nesbitt              
              (Answer, page 3).  Claims 13, 19, 20, 23, 24, 27 and 28 stand rejected under 35 U.S.C. §                  

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