Ex Parte Kennedy - Page 4




               Appeal No. 2004-0086                                                                             4                
               Application No. 09/730,868                                                                                        

                      Cadorniga is likewise directed to a golf ball having improved configurations of                            
               dimples so as to provide for, “excellent range and accuracy.”  See column 3, line 54 to                           
               column 4, line 4.  We find that Cadorniga discusses therein the same peripheral boundary                          
               layer forces which affect the distance traversed by a golf ball.  Id.  In this respect we find                    
               that Cadorniga is directed to a golf ball having a configuration wherein the dimples have a                       
               major dimple configuration comprising a first recess and a minor dimple configuration                             
               comprising a second recess in the bottom wall of the major dimple configuration which                             
               contributes to the range and accuracy of the golf ball.  See column 1, lines 42-57.                               
               Inasmuch as the Cadorniga reference teaches yet another dimple for the same purpose as                            
               the dimple combinations disclosed by Oka, it would have been obvious to the person                                
               having ordinary skill in the art to have utilized a combination of dimples as disclosed by                        
               Oka wherein one of the dimples in the combination is that disclosed by Cadorniga,                                 
               particularly as the dimples of Cadorniga are used for the identical purpose as that disclosed                     
               by Oka.                                                                                                           
               Based upon the above considerations, we conclude that the examiner has established                                
               a prima facie case of obviousness against the claimed subject matter.  In our view the prior                      
               art would have suggested to those of ordinary skill in the art to have chosen a dimple                            
               designed for improved range and accuracy as one of the dimples to be utilized in the                              
               combination of dimples disclosed by Oka.  As each of the references is directed to                                
               improvements in golf ball flight technology, there are both ample motivation and a                                






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