Ex Parte MARUOKA et al - Page 3



          Appeal No. 2002-0970                                                        
          Application 09/181,814                                                      

                                     DISCUSSION                                       
               Molitor discloses a golf ball 10 composed of an external               
          hollow shell 14 and a unitary internal core 12 made of either               
          liquid or solid material (see Figures 1 through 4).  Although the           
          reference goes into considerable detail as to the composition of            
          these components and the manner in which the ball is                        
          manufactured, it does not mention, let alone attach any                     
          importance to, the secondary natural frequency of the ball.                 
               In rejecting independent claims 1 and 11  under §§ 102(b)3                              
          and 103(a), the examiner finds (see pages 3, 4, 6 and 7 in the              
          answer) that Molitor’s golf ball expressly meets the limitations            
          in these claims requiring “a hollow core composed of a hollow               
          portion and at least one hollow core outer layer defining the               
          hollow portion,” and inherently meets the limitations relating to           
          the “secondary natural frequency.”  Neither of these findings is            
          well taken.                                                                 
               The examiner’s determination that the “hollow core”                    
          limitation is met rests on the proposition that “Molitor                    











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