Appeal No. 2002-0109
Application No. 09/110,221
optimum or workable ranges by routine experimentation, citing In
re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955).
Appellants correctly point out that Matsuki merely discloses
an amount of titanium dioxide in the cover of the ball therein
that is known in the art (i.e., 3 parts by weight) and otherwise
provides no teaching, suggestion or motivation whatsoever of
utilizing an amount of titanium dioxide different than that
disclosed therein. In addition, appellants note that Matsuki
provides no teaching of a COR of at least 0.750 as set forth in
claims 1 and 18 on appeal, and no recognition of the effect upon
the COR by the addition to the cover of at least 3.5 parts by
weight of a whitening agent as recited in the claims on appeal.
Appellants also point out that the amount of whitening agent
required by the claims on appeal is a relatively large amount,
and that such a large amount of whitening agent in the cover is
critical to achieving the features described in the
specification, i.e., 1) providing a cover with a vibrant white
color, and 2) providing perimeter weighting, which promotes
desirable low spin characteristics for the resulting ball.
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