Appeal No. 2002-1031
Application 09/129,883
the product of hardnesses is in the range of 2,000 to less that
2,500 and VR = 0.996, combination (2) is satisfied. Likewise, if
the product of hardnesses is in the range of 2,500 to less that
3,000 and VR = 0.996, combination (3) is satisfied. However, if
the product of hardnesses is in the range of 1,500 to less that
2,000 and VR = 0.996, combination (1), which covers this range of
product of hardnesses, is not satisfied. Accordingly, even when
looking at the standing rejection of claim 4 in a light most
favorable to the examiner, the examiner has not established that
it would have been obvious to provide a golf ball having a
combination of product of hardnesses and VR that necessarily
satisfies one of the combinations (1) to (5) set forth in
independent claim 4. Thus, in accordance with the examiner’s
stated position, one of the claimed combinations (1) to (5)
required by claim 4 may or may not result. For this reason, the
standing rejection of claim 4, as well as claims 3 and 5-15 that
depend therefrom, as being unpatentable over Yamagishi ‘413 in
view of Yamagishi ‘563, cannot be sustained.
As to independent claim 16, the examiner’s rejection of this
claim as being unpatentable over Hayashi in view of Yamagishi
‘563 is not sustainable because the examiner has not established
that the claimed subject matter as a whole would have been
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