Appeal No. 2003-0540 Page 2
Application No. 09/737,001
BACKGROUND
The appellant's invention relates to golf balls comprising multi-layer covers which
have a hard inner layer and a relatively soft outer layer (specification, p. 1). A copy of
the claims under appeal is set forth in the appendix to the appellant's brief.
Claims 9 to 13 stand rejected under 35 U.S.C. § 112, first paragraph, as
containing subject matter which was not described in the specification in such a way as
to reasonably convey to one skilled in the relevant art that the appellant, at the time the
application was filed, had possession of the claimed invention.
Claims 9 to 13 stand provisionally rejected under the judicially created doctrine of
obviousness-type double patenting over claims 14-32 of copending Application No.
08/714,661.1
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the answer
(Paper No. 13, mailed July 16, 2002) for the examiner's complete reasoning in support
of the rejections, and to the brief (Paper No. 12, filed May 13, 2002) and reply brief
(Paper No. 14, filed September 23, 2002) for the appellant's arguments thereagainst.
1 Application No. 08/714,661 issued on April 9, 2002 as U.S. Patent No. 6,368,237.
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