Ex Parte Sullivan - Page 9




               Appeal No. 2004-0242                                                                          Page 9                  
               Application No. 09/873,594                                                                                            


                               It has been proposed to employ polyurethane as a cover stock for golf                                 
                       balls because, like SURLYNŽ, it has a relatively low price compared to balata                                 
                       and provides superior cut resistance over balata. However, unlike                                             
                       SURLYNŽ-covered golf balls, polyurethane-covered golf balls can be made to                                    
                       have the "click" and "feel" of balata.                                                                        
                       . . .                                                                                                         
                               It has now been discovered that a polyurethane prepolymer cured with a                                
                       slow-reacting curing agent selected from the group of slow-reacting polyamine                                 
                       curing agents or difunctional glycols produces a golf ball cover that has good                                
                       durability and performance. Golf balls made in accordance with the present                                    
                       invention have been found to have improved shear resistance and cut resistance                                
                       compared to golf balls having covers made from either balata or SURLYNŽ.                                      
                               Broadly, the present invention is a golf ball product made from a                                     
                       polyurethane prepolymer cured with a slow-reacting curing agent selected from                                 
                       the group of slow-reacting polyamine curing agents or difunctional glycols. The                               
                       term "golf ball product" as used in the specification and claims means a cover, a                             
                       core, a center or a one-piece golf ball. The cover of a golf ball made in                                     
                       accordance with the present invention has been found to have good shear                                       
                       resistance, cut resistance, durability and resiliency. Preferably, the polyurethane                           
                       composition of the present invention is used to make the cover of a golf ball.                                


               The examiner's rejection                                                                                              
                       In the rejection of claims 1, 4 to 7, 10 to 13 and 16 to 18 under 35 U.S.C. § 103                             
               (answer, p. 3), the examiner ascertained3 that Nesbitt discloses all of the claimed                                   
               subject matter except for the outer cover of the golf ball comprising a polyurethane                                  
               material.  The examiner, in essence, concluded that in view of the teachings of Wu it                                 


                       3 After the scope and content of the prior art are determined, the differences between the prior art          
               and the claims at issue are to be ascertained.  Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ                 
               459, 467 (1966).                                                                                                      






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