Appeal No. 2002-1924 Page 8
Application No. 09/102,342
28. A golf ball, as set forth in claim 18, wherein the cover has a thickness of
about 0.0675 inches to about 0.130 inches.
The appellants argue that claims 27 and 28 are patentable since they recite that
the cover thickness is greater than 0.0675 inches while Sullivan only teaches a cover
thickness of 0.0675 inches. We find this argument persuasive with respect to claim 27
but not with respect to claim 28 since claim 28 includes a cover thickness of 0.0675
inches within its scope due to the language of claim 28 that the cover has a thickness of
about 0.0675 inches to about 0.130 inches. Thus, unlike claim 27, claim 28 is not
limited to a cover thickness greater than 0.0675 inches.
For the reasons set forth above, the decision of the examiner to reject claim 27
under 35 U.S.C. § 102(e) as being anticipated by Sullivan is reversed and the decision
of the examiner to reject claim 28 under 35 U.S.C. § 102(e) as being anticipated by
Sullivan is affirmed.
Claims 30 to 32
Claims 30 to 32 read as follows:
30. A golf ball, as set forth in claim 18, wherein the golf ball has a diameter of
about 1.700 - 1.800 inches.
31. A golf ball, as set forth in claim 18, wherein the golf ball has a diameter of
about 1.710 - 1.730 inches.
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