Ex Parte SULLIVAN et al - Page 2




              Appeal No. 2002-1026                                                                  Page 2                
              Application No. 09/239,403                                                                                  


                                                    BACKGROUND                                                            
                     The appellants’ invention relates to a golf ball.  An understanding of the invention                 
              can be derived from a reading of exemplary claim 1, which has been reproduced below.                        
                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Matsuki et al. (Matsuki)                   4,863,167                    Sep. 5, 1989                        
              Yabuki et al. (Yabuki)                     5,482,285                    Jan.  9, 1996                       
                     Claims 1, 4 and 16 stand rejected under 35 U.S.C. § 103(a) as being                                  
              unpatentable over Yabuki.                                                                                   
                     Claims 2, 3, 5-15 and 17 stand rejected under 35 U.S.C. § 103(a) as being                            
              unpatentable over Yabuki in view of Matsuki.                                                                
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejections, we make reference to the Answer                        
              (Paper No. 16) and the final rejection (Paper No. 11) for the examiner's complete                           
              reasoning in support of the rejections, and to the Brief (Paper No. 15) and Reply Brief                     
              (Paper No. 18) for the appellants’ arguments thereagainst.                                                  
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellants’ specification and claims, to the applied prior art references, and to the                   
              respective positions articulated by the appellants and the examiner.  As a consequence                      
              of our review, we make the determinations which follow.                                                     







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