Appeal No. 2001-2635
Application 09/168,083
Appellants’ invention relates to a golf ball having a cover
and a transfer printed pattern in reverse on said cover, wherein
the transfer printed pattern includes an ink layer containing a
pigment and a dispersion of small, flattened metal particles. On
page 2 of the specification, appellants note that an object of
the invention is to provide a golf ball having a transferred
pattern with a metallic luster and which is superior in
durability. A copy of representative claim 9, as found in the
Appendix to appellants’ brief, is attached to this decision.1
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Murphy 5,427,378 Jun. 27, 1995
1
1 Regarding dependent claim 5, we note that the version of
this claim shown in the Appendix to the brief is incorrect. Claim
5 as originally presented depends from “claim 4,” and has never
been amended to alter that dependency. However, since claim 4 was
canceled in Paper No. 8, filed September 6, 2000, claim 5 now
depends from a canceled claim. This defect is worthy of
correction during any further prosecution of this application
before the examiner. For purposes of appeal, we will assume that
claim 5 depends from independent claim 9, as do all of the other
claims remaining in the application.
2
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