Ex Parte Sullivan - Page 3




             Appeal No. 2004-0049                                                               Page 3                
             Application No. 10/047,626                                                                               


             the rejections, and to the brief (Paper No. 13, filed April 22, 2003) for the appellant's                
             arguments thereagainst.                                                                                  


                                                      OPINION                                                         
                    In reaching our decision in this appeal, we have given careful consideration to                   
             the appellant's specification and claims, to the applied prior art, and to the respective                
             positions articulated by the appellant and the examiner.  As a consequence of our                        
             review, we make the determinations which follow.                                                         


             The 35 U.S.C. § 103 rejection of claims14 to 17, 19 and 20                                               
                    We sustain the rejection of claims 14 to 17, 19 and 20 under 35 U.S.C. § 103.                     


                    Claims 14, 19 and 20, the independent claims under appeal, read as follows:                       
                    14.    A golf ball comprising:                                                                    
                           a core;                                                                                    
                           an inner cover layer molded on said core, the inner cover layer comprising                 
                    a high acid ionomer including at least 16 % by weight of an alpha, beta-                          
                    unsaturated carboxylic acid; and                                                                  
                           an outer cover layer molded on said inner cover layer, said outer cover                    
                    layer comprising a relatively soft polymeric material selected from the group                     
                    consisting of low flexural modulus ionomer resins and non-ionomeric elastomers.                   
                    19.    A multi-layer golf ball comprising:                                                        
                           a spherical core;                                                                          
                           an inner cover layer molded over said spherical core, said inner cover                     
                    layer comprising an ionomeric resin including at least 16% by weight of an alpha,                 








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