Ex Parte YAMAGISHI et al - Page 5



          Appeal No. 2002-0080                                       Page 5           
          Application No. 09/170,216                                                  

          the prior art as comprising a golf ball having a single solid               
          core” (brief, page 5).2  In this regard, appellants (brief, page            
          5) contend that the golf ball “core is defined as a single layer”           
          in appellants’ claims by the claim language requiring a three               
          piece solid golf ball and “[a] single solid core and a cover of             
          two-layer structure consisting of an inner layer and an outer               
          layer.”                                                                     
               The examiner, on the other hand, has found that the claim              
          language does not exclude a golf ball having a two layer core               
          together with inner and outer cover layers as described in                  
          Yamagishi.                                                                  
               Therefore, we must analyze the claim language to determine             
          the scope and meaning of each contested limitation.  See Gechter            
          v. Davidson, 116 F.3d 1454, 1457, 43 USPQ2d 1030, 1032 (Fed. Cir.           
          1997).  During examination proceedings, claim language is given             
          its broadest reasonable interpretation consistent with the                  
          specification as it would have been interpreted by one of                   
          ordinary skill in the art.  See In re Graves, 69 F.3d 1147, 1152,           
          36 USPQ2d 1697, 1701 (Fed. Cir. 1995).                                      

               2 We consider the propriety of the examiner’s rejection in             
          light of the arguments made by appellants in the brief.  See                
          37 CFR § 192(a).                                                            





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