Ex Parte Sullivan - Page 5




             Appeal No. 2004-0049                                                               Page 5                
             Application No. 10/047,626                                                                               


             (column 1, lines 57-60) that "[t]hrough the use of the first ply or layer of hard, high                  
             flexural modulus resinous material on the core or center, a maximum coefficient of                       
             restitution may be attained."  The resinous material for the first ply or layer 14 is a                  
             resinous material such as type 1605 Surlyn® which is a hard, high flexural modulus                       
             resin which produces a substantial gain of coefficient of restitution over the coefficient               
             of restitution of the core or center.  The outer layer, ply, lamination or cover 16 is a                 
             resinous material such as type 1855 Surlyn® which is a comparatively soft, low flexural                  
             modulus resinous material.                                                                               


                    The appellant's disclosure teaches (pages 4-5) that (1) Surlyn® 1605 (now                         
             designated Surlyn® 8940) is a sodium ion based low acid (less than or equal to 15                        
             weight percent methacrylic acid) ionomer resin having a flexural modulus of about                        
             51,000 psi; and (2) Surlyn® 1855 (now designated Surlyn® 9020) is a zinc ion based low                   
             acid (10 weight percent methacrylic acid) ionomer resin having a flexural modulus of                     
             about 14,000 psi.                                                                                        


                    Horiuchi's invention relates to a golf ball having excellent impact resilience and                
             flying performance, of which the cover is formed from an ionomer resin which contains                    
             an alpha, beta-ethylenic unsaturated carboxylic acid in a larger amount than                             
             conventional ionomer resins.   In the background of the invention, Horiuchi provides that                








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