Ex Parte YAMAGISHI et al - Page 14




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


          material having a Shore D hardness of 63, which hardnesses yields           
          a product of 2520.  In addition, Table 2 shows that the cores of            
          Examples 3 and 4 have distortions under a load of 100 kg. of 3.77           
          to 3.76, respectively.  The examiner should determine whether it            
          would have been obvious to one of ordinary skill in the art at              
          the time of appellants’ invention to provide the Examples 3 and 4           
          golf balls of Egashira with the Type II dimple pattern of                   
          Yamagishi ‘563 (VR = 0.996), it being noted that this                       
          modification would result in golf balls having parameters that              
          appear to satisfy all the requirements of claim 4, as well as               
          several claims that depend therefrom.                                       
               US Patent 5,702,311 to Higuchi et al. (Higuchi) (copy                  
          attached) pertains to a multi-piece solid golf ball having an               
          innermost core 1, an intermediate layer 2, and a cover 3.                   
          Higuchi states (col. 4, lines 32-37) that the ball include a                
          multiplicity of dimples that may be arranged in a number of ways.           
          As with Egashira, Higuchi discloses a number of examples for golf           
          balls in accordance with the invention thereof.  Table 2 shows              
          that the intermediate layers 2 of Examples E1, E3 and E4 have a             
          Shore D hardness of 40 and that the covers 3 of E1, E3 and E4               
          have Shore D hardnesses of 65, 60 and 65, which hardnesses yield            
          products of hardnesses of 2600, 2400 and 2600, respectively.  In            
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