Appeal No. 2002-1031
Application 09/129,883
obvious. More particularly, even if we accept that it would have
been obvious to modify the wound golf ball of Hayashi such that
the product of hardnesses is somewhere within the range of 2000-
3000, and such that the ball has dimples arranged in the Type II
dimple pattern of Yamagishi ‘563 (resulting in VR = 0.996), the
resulting ball would still include wound rubber thread layer 2,
such that the modified golf ball of Hayashi would not satisfy the
requirement of claim 16, line 1, calling for a multi-piece solid
golf ball. Accordingly, we must agree with appellants’ argument
on page 16 of the main brief to the effect that the examiner’s
rejection is fundamentally defective in this regard.
Remand
This case is remanded to the examiner for consideration of
the following matters.
As made clear upon inspection of the Table attached to the
amendment filed March 8, 2000 (Paper No. 8)6, Comparative Example
3 (CE3) of Yamagishi ‘563 comprises a multi-piece solid golf ball
having a solid core having a distortion of 4.00 under a load of
100 kg., a product of hardnesses of 2600 (inner cover layer Shore
D hardness of 40 multiplied by outer cover layer Shore D hardness
6See footnote 2.
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