Appeal No. 2003-0540 Page 13
Application No. 09/737,001
claims have been copied from a U.S. patent where that rejection would also be
applicable to the corresponding claims of the patent.
Specifically, we recommend, in any further prosecution, the examiner determine
if claims 9 to 11 and 13 are anticipated by Nesbitt. Nesbitt discloses a golf ball having a
solid (not thread-wound) resilient center or core, and a multilayer cover construction
which involves a first layer or ply of molded hard, high flexural modulus resinous
material on the core, and a second or cover layer of soft, low flexural modulus resinous
material molded over the first layer to form a finished golf ball. Nesbitt specifically
teaches that the first layer (i.e., the inner layer) is of a thickness in a range of 0.020
inches and 0.070 inches and may be of resinous material such as Type 1605 Surlyn®
marketed by E. I. du Pont de Nemours and Company, and the second or cover layer
(i.e., the outer layer) is of a thickness in a range of 0.020 inches and 0.100 inches and
may be of resinous material such as Type 1855 Surlyn® marketed by E. I. du Pont de
Nemours and Company.
U.S. Patent No. 5,803,831 in discussing U.S. Pat. No. 4,431,193 teaches
(column 2, lines 35-50) that type 1605 Surlyn® is now designated Surlyn® 8940 and that
type 1855 Surlyn® is now designated Surlyn® 9020. U.S. Patent No. 4,884,814 teaches
(column 7, table I) that Surlyn® 8940 has a Shore D hardness of 65 while U.S. Patent
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