Ex Parte Sullivan et al - Page 7




              Appeal No. 2004-0919                                                                  Page 7                
              Application No. 09/842,607                                                                                  


              The teachings of Horiuchi                                                                                   
                     Horiuchi's invention relates to a golf ball having excellent impact resilience and                   
              good flying performance.  The golf ball comprises a core and a cover covering the core,                     
              wherein the cover contains at least 20 % by weight of a carboxyl-rich ionomer resin                         
              prepared by neutralizing 15 to 80 mol % of carboxylic acid groups of an olefinic                            
              copolymer containing 16 to 30 % by weight of an alpha, beta-ethylenic unsaturated                           
              carboxylic acid with monovalent or divalent metal ions.  Example 3 of Table 1 of                            
              Horiuchi teaches a golf ball cover made from a blend of 30% high acid ionomer and                           
              70% low acid ionomer.                                                                                       


              The anticipation rejection                                                                                  
                     We sustain the rejection of claims 11, 14 to 26 and 29 to 39 under 35 U.S.C.                         
              § 102(b).                                                                                                   


                     A claim is anticipated only if each and every element as set forth in the claim is                   
              found, either expressly or inherently described, in a single prior art reference.                           
              Verdegaal Bros. Inc. v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed.                         
              Cir.), cert. denied, 484 U.S. 827 (1987).  The inquiry as to whether a reference                            
              anticipates a claim must focus on what subject matter is encompassed by the claim and                       
              what subject matter is described by the reference.  As set forth by the court in Kalman                     








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