Appeal No. 2003-1426 Page 4
Application No. 09/635,638
In arriving at the conclusion that the claims are unpatentable, the examiner
expresses the view (Answer, page 5) that all of the subject matter recited in claim 1 is
disclosed or taught by Melvin, except for
(1) the sum of the dimple trajectory volumes being 530 to 750;
(2) the cover inner and outer layers having specific gravities of 0.8-1.2 and
0.9-1.3. respectively;
(3) the average dimple cross-sectional area ratio being 0.58-0.68; and
(4) the number of dimples being 360-540.
However, it is the examiner’s position that it would have been obvious to one of ordinary
skill in the art to modify the Melvin golf ball in such a manner as to meet these
limitations in view of the teachings of Moriyama, considering further the knowledge of
those skilled in the art of which the examiner has taken Official Notice. The appellants
have set forth in considerable detail on pages 5-10 of the Brief and pages 1-6 of the
Reply Brief where they believe the examiner has erred in the rejection. We find
ourselves in agreement with the appellants’ reasoning therein stated, and we will not
sustain the rejection.
Claim 1 requires that there be a plurality of dimples on the outer layer of the
cover and that “the sum of the dimple trajectory volumes each obtained by multiplying a
dimple volume by the square root of a dimple diameter is 530 to 750” (emphasis
added). In evaluating this requirement, on page 5 of the Answer the examiner first
points out Moriyama’s teaching of providing a golf ball wherein “[t]he total volume of all
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