Ex Parte Sullivan - Page 3

               Appeal 2007-1970                                                                             
               Application 10/167,744                                                                       

                              an inner cover layer formed from a first composition having a                 
                                  first hardness and a first flexural modulus; and                          
                              an outer cover layer formed from a second composition                         
                                  having a second hardness and a second flexural modulus,                   
                                  wherein the second hardness differs from the first                        
                                  hardness by about 5 points or less,                                       
                         wherein the first and second flexural moduli are substantially                     
                              similar at ambient temperature, and wherein the second                        
                              flexural modulus differs from the first flexural modulus at                   
                              temperatures above or below ambient.                                          
                      The Examiner relies on the following prior art references to show                     
               unpatentability:                                                                             
               Maruko US 5,704,853 Jan.    6, 1998                                                          
               Sullivan US 6,394,914 B1 May 28, 2002                                                        
                      The Examiner made the following rejections:                                           
                      1. Claims 19, 21-30, and 32-34 under 35 U.S.C.§ 102(a, e) as                          
               anticipated by Sullivan;                                                                     
                      2.  Claims 1-10 under 35 U.S.C. § 102(a, e) as anticipated by or under                
               35 U.S.C. § 103(a) as obvious over Sullivan; and                                             
                      3.  Claim 11 under 35 U.S.C. § 103(a) as obvious over Sullivan in                     
               view of Maruko.                                                                              

                                                     ISSUES                                                 
                      I.  The Examiner contends that Sullivan inherently anticipates claims                 
               1-10, 19, 21-30, and 32-34.  Appellant contends that the Examiner has failed                 
               to establish that Sullivan’s golf ball necessarily has the claimed                           
               characteristics of flexural modulus, contact angles, and coefficient of                      

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