Ex Parte Higuchi et al - Page 2




            Appeal No. 2003-1426                                                          Page 2              
            Application No. 09/635,638                                                                        


                                               BACKGROUND                                                     
                   The appellants’ invention relates to a golf ball.  An understanding of the invention       
            can be derived from a reading of exemplary claim 1, which appears in the appendix to              
            the Brief.                                                                                        
                   The prior art references of record relied upon by the examiner in rejecting the            
            appealed claims are:                                                                              
            Moriyama et al. (Moriyama)             5,518,246                 May 21, 1996                     
            Melvin et al. (Melvin)                 5,779,562                 Jul.   14, 1998                  
                   Claims 1-3, 5-10, 13, 14, 16-21, 23-31 and 33 stand rejected under 35 U.S.C.               
            § 103 as being unpatentable over Melvin in view of Moriyama.                                      
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and              
            the appellants regarding the above-noted rejection, we make reference to the Answer               
            (Paper No. 19) for the examiner's complete reasoning in support of the rejections, and            
            to the Brief (Paper No. 18) and Reply Brief (Paper No. 20) for the appellants’ arguments          
            thereagainst.                                                                                     
                                                  OPINION                                                     
                   In reaching our decision in this appeal, we have given careful consideration to            
            the appellants’ specification and claims, to the applied prior art references, and to the         
            respective positions articulated by the appellants and the examiner.  As a consequence            
            of our review, we make the determinations which follow.                                           








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