Ex Parte Sullivan - Page 1



                         The opinion in support of the decision being entered today                         
                                   is not binding precedent of the Board.                                   

                       UNITED STATES PATENT AND TRADEMARK OFFICE                                            
                                              ____________                                                  
                             BEFORE THE BOARD OF PATENT APPEALS                                             
                                         AND INTERFERENCES                                                  
                                              ____________                                                  
                                    Ex parte MICHAEL J. SULLIVAN                                            
                                              ____________                                                  
                                            Appeal 2007-1970                                                
                                          Application 10/167,744                                            
                                   Application Technology Center 1700                                       
                                              ____________                                                  
                                         Decided:  August 13, 2007                                          
                                              ____________                                                  
               Before CHARLES F. WARREN, CHUNG K. PAK,  and                                                 
               LINDA M. GAUDETTE, Administrative Patent Judges.                                             
               GAUDETTE, Administrative Patent Judge.                                                       

                                         DECISION ON APPEAL                                                 
                           AND ORDER REMANDING TO THE EXAMINER                                              
                      This is an appeal from the Examiner’s final rejection of claims 1-11,                 
               19, 21-30, and 32-34.   We have jurisdiction over the appeal pursuant to                     
               35 U.S.C.  6(b).1                                                                           
                      Appellants’ invention relates to a multilayer golf ball with multiple                 
               cover layers having essentially the same hardness to combine the benefits of                 
                                                                                                           
               1 An oral hearing was held on July 11, 2007.                                                 



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