Ex Parte YAMAGISHI et al - Page 7




          Appeal No. 2002-1031                                                        
          Application 09/129,883                                                      


          VR of 1.014, that the Type II dimple pattern of Yamagishi ‘563              
          has a VR of 0.996, and that the Type III dimple pattern of                  
          Yamagishi ‘563 has a VR of 0.670.                                           
              The Examiner’s Rationale in Rejecting the Appealed Claims               
               Looking first at the standing rejection of independent claim           
          4 as being unpatentable over Yamagishi ‘413 in view of Yamagishi            
          ‘563, the examiner finds (answer, page 4) that Yamagishi ‘413               
          discloses a golf ball comprising a core having a distortion of              
          3.5 mm under an applied load of 100 kg., an outer cover layer               
          having a Shore D hardness in the range of 50-60, and an inner               
          cover layer having a Shore D hardness in the range of 28-68.  The           
          examiner also finds that in Yamagishi ‘413 “[the] products of the           
          Shore D hardness of an inner cover layer multiplied by the Shore            
          D hardness of an outer cover layer . . . would be in a range of             
          1500-4000 (Fig. 2)” (answer, page 4)3.  The examiner acknowledges           
          that Yamagishi ‘413 does not teach the relationship between                 
          product of hardnesses and VR called for by claim 4.  The examiner           

               2(...continued)                                                        
          paper.  For the reader’s convenience, a copy of that Table is               
          included as an attachment to this decision.                                 
               3It is not immediately clear where Yamagishi ‘413 discloses            
          Shore D hardness values for the inner and outer cover layers that           
          would necessarily yield a product within the range of 1500-4000             
          as found by the examiner.                                                   
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